Supreme Court of India
The State of Madhya Pradesh v. Suresh
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From the headnote
Sentencing – Principle of Proportionality – Case of the prosecution that the accused-respondent assaulted his fat her who later succumbed to the injury – Trial Court found th e respondent guilty u/s.304 Part II, IPC and awarded him 3 years ’ rigorous imprisonment while setting off the period of detent ion already undergone (3 months, 21 days) against the term of imp risonment imposed on him – High Court though upheld the conviction of the respondent but modified the sentence of 3 years’ ri gorous imprisonment to that of the period already undergone i.e. 3 months and 21 days – On appeal, held:
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