Shiv Govind vs The State Of Madhya Pradesh on 14 March, 1972
7. Having due regard to the principles referred to above, we are of the view that the High Court in the case before us, has properly exercised its powers when it enhanced the sentence to one of death. We have already referred to the reasons given by the learned Sessions Judge for imposing the sentence of imprisonment for life as also the reasons given by the High Court for enhancing the sentence to one of death. The High Court has properly taken into account the various relevant circumstances, which have not been either adverted to by the Trial Court or properly appreciated. On the facts, it is established that the appellant suddenly, without any warning, attacked the deceased, who was unarmed and defenseless and caused a very fatal injury on the chest. From the nature of the injuries described in the postmortem certificate, it is also clear that the blow must have been inflicted by the appellant with considerable force. In these circumstances, the High Court was justified in characterising the act as brutal justifying the imposition of the death penalty. The appeal fails and is dismissed.