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Supreme Court of India 2019-02-20 allowed

THE STATE OF MADHYA PRADESH vs SURESH

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

The State of Madhya Pradesh appealed against a High Court judgment that reduced the sentence imposed on Suresh for culpable homicide (killing his father with a blunt object) from three years' rigorous imprisonment to the time already served (3 months and 21 days). The Supreme Court held that proportionality between crime and punishment is fundamental in sentencing. The High Court's reduction was unjustified, as it merely repeated mitigating factors already considered by the trial court without properly balancing aggravating factors like the crime being patricide and the accused's attempt to conceal it. The Court restored the trial court's three-year sentence, emphasizing that deterrence and public protection cannot be sacrificed merely due to passage of time.

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Criminal Law Sentencing Proportionality Culpable Homicide Appellate Practice

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