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Supreme Court of India 2022-04-08 allowed

State of Rajasthan vs Banwari Lal and another

Bench: 2 — M.R. Shah

In Brief

In this criminal appeal, the Supreme Court addressed the High Court's reduction of the sentence imposed on Banwari Lal for attempt to murder (Section 307 IPC). Though he had inflicted a serious, life-threatening skull fracture on the victim, the High Court reduced his sentence from three years to 44 days (period already served) citing a 26-year delay since the incident. The Court held this reduction unsustainable, noting that while delay can be a mitigating factor, it cannot alone justify a disproportionate sentence. Reaffirming sentencing principles requiring proportionality, deterrence, and consideration of offence gravity, the Court quashed the High Court's order and restored the trial court's three-year sentence.

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Criminal Law Sentencing Principles of Justice Appeal Against Acquittal/Conviction Grievous Injury

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