1981 JTR(SC) 140
1981 CriLR 229 ; 1980 3 SCC 295 ; 1980 1 SCC(Cri) 675 ; 1981 SCC(Cri) 675 ; 1980 3 SCR 738
SUPREME COURT OF INDIA
A.D.Koshal : D.A.Desai
Tannu Lal
Versus
State Of U.P.
Case No. : 240-42 of 1981
Date of Decision : 3/2/81
Act Referred :INDIAN PENAL CODE : S.363
Criminal Law – Kidnapping – Submissions made by learned counsel on either side and keeping in view the facts and circumstances of the case from which these three appeals arise, the main kidnapper appears to be appellant in appeal arising out of Special Leave Petition – Held, Court is of the opinion that while confirming conviction of each accused, the modification in sentence would be in accord with justice. – Each of the appellants is sentenced by the High court to rigorous imprisonment for four years – Court is of the opinion that the sentence of Tannu Lal should be reduced to rigorous imprisonment for three years, So far as- Bans Gopal and Raj Karan are concerned, the sentence of rigorous imprisonment for one year each will meet the ends of justice. – Appeals Dismissed
Criminal Law – Kidnapping – Submissions made by learned counsel on either side and keeping in view the facts and circumstances of the case from which these three appeals arise, the main kidnapper appears to be appellant in appeal arising out of Special Leave Petition – Held, Court is of the opinion that while confirming conviction of each accused, the modification in sentence would be in accord with justice. – Each of the appellants is sentenced by the High court to rigorous imprisonment for four years – Court is of the opinion that the sentence of Tannu Lal should be reduced to rigorous imprisonment for three years, So far as- Bans Gopal and Raj Karan are concerned, the sentence of rigorous imprisonment for one year each will meet the ends of justice. – Appeals Dismissed
JUDGMENT
D.A. DESAI, J.
(1) SUBMISSIONS made by learned counsel on either side and keeping in view the facts and circumstances of the case from which these three appeals arise, the main kidnapper appears to be Tannu Lal, appellant in appeal arising out of Special Leave Petition 1831 of 1980. Bans Gopal and Raj Karan they were either with him or assisting him. Keeping in view the circumstances of the case and evaluating the role of each accused and the various aspects to which our attention was drawn by learned counsel for the appellants in these appeals, we are of the opinion that while confirming conviction of each accused, the modification in sentence would be in accord with justice.
(2) EACH of the appellants is sentenced by the High court to rigorous imprisonment for four years. Keeping in view the role played by each, we are of the opinion that the sentence of Tannu Lal should be reduced to rigorous imprisonment for three years, So far as- Bans Gopal and Raj Karan are concerned, the sentence of rigorous imprisonment for one year each will meet the ends of justice.
(3) WITH this modification in sentence, the appeals are dismissed.