Probation of Offenders Act, 1958, Section 4, Arms Act, 1959, Section 25, 27 -- Benefit of probation - Offence u/ss 25, 27 of Arms Act - Incident occurred in 1995 - Accused was a young man aged about 18-19 years old at the time of incident - Subsequent to incident he has not committed any criminal offence and his conduct is very respectful with other people in society -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Knife blow on stomach - Seat of injury in itself is vital and it cannot be said that intention of accused was not cause death - Conviction upheld - Considering nature of injury and looking to seriousness and magnitude of incident, benefit of probation rightly given...........
Indian Penal Code, 1860, Section 325, 323, 34 -- Offence u/ss 325, 323, 34 IPC - Accused along with co-accused appeared on scene and they started beating informant and on alarm being raised, several persons arrived at the spot, whereupon they secured their escape good after threatening informant side - Co-accused died during pendency of appeal - Accused `K' was juvenile in..........
Probation of Offenders Act, 1958, Section 3, 4, 12 -- Probation u/ss 3, 4 of the Act - Accused not to suffer any disqualification, if any, attached to conviction - Trial Court not required to specifically state in the order that petitioners is entitled to benefit of S.12 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Wife suffering from schizophrenic form of psychosis is proved on record by husband - Parties living separately since 2005 - There is no chance of reconciliation - More so, for the reason that husband already convicted u/s 498-A IPC at the instance of wife though released on probation -..........
Indian Penal Code, 1860, Section 332, 147, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 332, 147 IPC - Probation on good conduct - Accused a rustic living in his native village located on fringes of a forest - He has no criminal history and thus, he is a person who can be reformed and would cease to be nuisance to society - Even otherwise, accused already..........
Criminal Procedure Code, 1973, Section 360, Essential Commodities Act, 1955, Section 7 -- Probation - Offence u/s 7 of 1955 Act - Accused are first offenders and having no criminal antecedents - Therefore, accused be dealt u/s 360 Cr.P.C. - Ends of justice will be served by granting benefit of probation...........
Criminal Procedure Code, 1973, Section 377, Probation of Offenders Act, 1958, Section 4, 11 -- Appeal - Maintainability - Order granting benefit of probation - Cannot be challenged by way of filing appeal u/s 377 Cr.P.C., as said order can only be challenged by filing appeal u/s 11 of Act of 1958 - Appeal rightly dismissed...........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 341 -- Probation - Lower Appellate Court has upheld conviction of accused for offence, however, on question of quantum of sentence, it was found that all accused are first time offenders and ageing between 20 to 25 years and only bread winners of their respective families and thus they..........
Haryana Subordinate Courts Establishment (Recruitment and General Conditions of Service) Rules, 1997, Rule 8(2) -- Probation of Persons Appointed to service - Notice - Rules do not provide for giving any opportunity like issuance of notice before invoking Rule 8(2)...........
