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Dadasahab Krishnarao Patil And Others v. Sarupa Jivaba Charapale And Others

Supreme Court Of India
Nov 24, 1978

JUDGMENT

S. Murtaza Fazal Ali, J.

1. The Appellant in this appeal by special leave has been convicted under Section 365 I.P.C. and sentenced to three years' rigorous imprisonment and a fine of Rs. 100/-. He has also been convicted under Section 457 I.P.C. and sentenced to three years' rigorous imprisonment and a fine of Rs. 100/-. The sentences were directed to run concurrently. We have gone through the judgment of the High Court and that of the Trial Court and we do not find any point in this case so as to warrant our interference. Mr. Kohli for the Appellant argued that having regard to the circumstance that the Appellant was not the main culprit who demanded ransom, a lenient view of the matter be taken. It would, however, appear from the evidence of P. W. 1 that the Appellant took an active part in abducting and torturing the complainant and also demanded ransom like his confederates. We do not find any ground to reduce the sentence in this case. There is no merit in this appeal and it is dismissed. The Appellant shall now surrender and serve out the remaining portion of the sentence.