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Supreme Court of India 2023-09-04 partly_allowed

PRAMOD KUMAR MISHRA vs THE STATE OF U.P

Bench: 2 — Abhay S. Oka, Sanjay Karol

In Brief

Pramod Kumar Mishra was convicted under Section 307 IPC for attacking a man with weapons (lathi and ballam) during a dispute over crop destruction, resulting in injuries. The Trial Court sentenced him to 5 years imprisonment, upheld by the High Court. The Supreme Court, examining the sentence, noted the following mitigating factors: 39 years had elapsed since the offence, both co-accused were acquitted, there was old enmity between the complainant and another accused (not appellant), the appellant had no prior criminal record, and there was no premeditation. The Court reduced the sentence from 5 to 3 years rigorous imprisonment plus a fine of Rs. 50,000, partly allowing the appeal on sentencing grounds.

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Criminal Law Sentencing Attempt to Murder Mitigating Circumstances Indian Penal Code

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