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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, B.V. Nagarathna

In Brief

The Supreme Court heard an appeal by Rajasthan challenging the High Court's reduction of sentence for Banwari Lal from three years to time already served (44 days) for causing grievous head injuries under Section 307 IPC. The accused sustained a severe skull fracture wound extending to the brain membrane—injuries the trial court correctly found life-threatening and sufficient to cause death. The High Court reduced the sentence based only on elapsed time (26 years) and the accused's subsequent satisfactory conduct, without analyzing gravity or applying sentencing principles. The Supreme Court held this approach cavalier and unsustainable, emphasizing that sentencing must reflect proportionality, deterrence, and the offence's seriousness. It quashed the High Court's order, restored the three-year sentence, and condoned the delay in filing the appeal.

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Criminal Law Sentencing Appeal Judicial Discretion Attempt to Murder High Court Jurisdiction

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