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Shahzade Vs. State of Uttar Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 73 of 1981
Judge
Reported inAIR1981SC2008b; 1981CriLJ1689; (1982)1SCC349
ActsIndian Penal Code (IPC), 1860 - Sections 34, 323 and 452;
AppellantShahzade
RespondentState of Uttar Pradesh
Excerpt:
- s. murtaza fazal ali, j.1. in this appeal, special leave granted was confined to the question of sentence only.2. having heard the learned counsel for the parties and having gone through the judgments of the courts below, we find that in the peculiar circumstances of this case and having regard to the very old age of the appellant shahzade. who is more than 77 year of age, there is some room for reduction in the sentence. we, therefore, reduce the sentence of the appellant under section 452 from four years to six months' rigorous imprisonment and make it concurrent with the sentence awarded under section 323 read with section 34. i.p.c.3. with this modification in the sentence, the appeal is dismissed.
Judgment:

S. Murtaza Fazal Ali, J.

1. In this appeal, Special leave granted was confined to the question of sentence only.

2. Having heard the learned Counsel for the parties and having gone through the judgments of the Courts below, we find that in the peculiar circumstances of this case and having regard to the very old age of the appellant Shahzade. who is more than 77 year of age, there is some room for reduction in the sentence. We, therefore, reduce the sentence of the appellant under Section 452 from four years to six months' rigorous imprisonment and make it concurrent with the sentence awarded under Section 323 read with Section 34. I.P.C.

3. With this modification in the sentence, the appeal is dismissed.


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