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GANGA PRASAD v. THE STATE OF CHHATTISGARH

Supreme Court of India | Diary 40295/2024

Status

Order

Decided On

2024-12-16

Bench

HON'BLE MR. JUSTICE VIKRAM NATH, HON'BLE MR. JUSTICE PRASANNA B. VARALE

Petitioner

GANGA PRASAD

Respondent

THE STATE OF CHHATTISGARH

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 5373 OF 2024 (ARISING OUT OF SLP(Crl.) No(s). 12918/2024)

GANGA PRASAD ... APPELLANT(S)

Versus

THE STATE OF CHHATTISGARH ... RESPONDENT(S)

O R D E R

We have heard Ms. Yashika Varshney, learned

counsel appearing for the petitioner and Mr. Prashant

Singh appearing for the respondent-State of

Chhattisgarh.

2. Leave granted.

3. The limited relief claimed by the appellant is

for reducing the sentence awarded, to the period of

sentence already undergone.

4. The appellant was convicted by the Trial Court

under Section 304A of the Indian Penal Code (IPC) and

sentenced to one year rigorous imprisonment and to

pay a fine of Rs. 500/- (Rupees Five Hundred only). On

appeal, the High Court partly allowed the revision and

reduced the sentence to six months rigorous

imprisonment with the same fine amount.

1

5. Considering the facts and circumstances of the

case, we are not inclined to interfere with the

conviction recorded by the courts below. However, we

are of the view that the sentence of six months

rigorous imprisonment, awarded by the High Court, be

reduced to the period already undergone. Fine amount

as awarded by the courts below shall be paid by the

appellant and disbursed accordingly.

6. To the above extent, the sentence stands

modified.

7. The appeal is partly allowed.

8. Pending application(s), if any, shal...

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