Supreme Court of India
State of Madhya Pradesh v. Udham and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that we need to provide further clarity on the same. 12.Sentencing for crimes has to be analyzed on the touch stone of three tests viz., crime test, criminal test and comparative proportionality test.Crime test involves factors like extent of planning, choice of weapon, modus of crime, disposal modus (if any), role of the accused, anti-social or abhorrent character of the crime, state of victim.
Judgment, page 7
From the headnote
Sentencing – Tests for – Complainant lodged report that respondents-accused entered his house, attacked him and the others present with axes and sticks resulting in various i njuries – Respondents then allegedly threatened the complainan t that if he did not keep his cow confined, he would be killed – R espondents were convicted u/s.326 r/w s.34, IPC & s.452, IPC an d sentenced to 3 years rigorous imprisonment u/s.326 r/w s.34 – They we re also sentenced rigorous imprisonment for 1 year for the offence u/ s.452, IPC – High Court partly allowed the appeal and reduc ed the sentence to the
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.