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Tannu Lal and ors. Vs. State of Uttar Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeals Nos. 240-42 of 1981
Judge
Reported in1981(Supp)SCC47
AppellantTannu Lal and ors.
RespondentState of Uttar Pradesh
DispositionAppeal Dismissed
Excerpt:
- [ a.d. koshal and; d.a. desai, jj.] -- penal code, 1860 — section 363 — first appellant the main kidnapper and the two other accused either remained with him or assisted him — having regard to the circumstances and the role played by each accused, their conviction confirmed but sentence of four years' ri imposed on each of them reduced to three years' ri in case of first appellant and to one year's ri in case of each of the two co-accused -- each of the appellants is sentenced by the high court to rigorous imprisonment for four years. so far as bans gopal and raj karan are concerned, the sentence of rigorous imprisonment for one year each will meet the ends of justice. with this modification in sentence, the appeals are dismissed......and evaluating the role of each accused and the various aspects to which our attention was drawn by learned counsel for the appellants in these appeals, we are of the opinion that while confirming conviction of each accused, the modification in sentence would be in accord with justice.2. each of the appellants is sentenced by the high court to rigorous imprisonment for four years. keeping in view the role played by each, we are of the opinion that the sentence of tannu lal should be reduced to rigorous imprisonment for three years. so far as bans gopal and raj karan are concerned, the sentence of rigorous imprisonment for one year each will meet the ends of justice.3. with this modification in sentence, the appeals are dismissed.
Judgment:

D.A. DESAI, J.

1. Submissions made by learned counsel on either side and keeping in view the facts and circumstances of the case from which these three appeals arise, the main kidnapper appears to be Tannu Lal, appellant in appeal arising out of Special Leave Petition No. 1831 of 1980. Bans Gopal and Raj Karan — they were either with him or assisting him. Keeping in view the circumstances of the case and evaluating the role of each accused and the various aspects to which our attention was drawn by learned Counsel for the appellants in these appeals, we are of the opinion that while confirming conviction of each accused, the modification in sentence would be in accord with justice.

2. Each of the appellants is sentenced by the High Court to rigorous imprisonment for four years. Keeping in view the role played by each, we are of the opinion that the sentence of Tannu Lal should be reduced to rigorous imprisonment for three years. So far as Bans Gopal and Raj Karan are concerned, the sentence of rigorous imprisonment for one year each will meet the ends of justice.

3. With this modification in sentence, the appeals are dismissed.


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