Indian Penal Code, 1860, Section 307, 323, 34, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 307, 323, 34 IPC - Benefit of probation - Sentence of accused was suspended and they were released on bail - After release on bail accused are living in the society peacefully without there being any criminal antecedents to their discredit - Benefit of probation..........
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...........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Probation - Accused `R' was 18 years of age at time of incident, therefore, trial Court committed no error in extending benefit of probation to accused `R' - Whereas other accused are concerned, they were not below 21 years of age at time of incident and after considering..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 360 -- Attempt to murder - Benefit of probation - Accused inflicted knife blow in the abdomen of injured after taking undue advantage of position of injured - A brutal attack perpetuated by accused calls for both a deterrent and a retributive punishment - Sentence of four years cannot be said too..........
Indian Penal Code, 1860, Section 307 -- Offence u/s 307 IPC - Appeal against conviction - Accused facing trial from the last 26 years - They are first offenders and now are old aged persons - However, looking into the fact that injured lost her vision, it is not proper to acquit or release accused on probation - However, ends of justice would be met if sentence of accused..........
Indian Penal Code, 1860, Section 307, 324, 323 -- Nature of offence - Assault cannot be imputed the character of such nature that it was always intended to cause death - Finding of acquittal recorded u/s 307 IPC is wholly justified under the facts and circumstances of the case - Marpit took place at the spur of moment without any plan or premeditation - No reason to..........
Probation of Offenders Act, 1958, Section 4(1), Criminal Procedure Code, 1973, Section 307, 361, Indian Penal Code, 1860, Section 323, 325 -- Allegation that accused caused injury - No grievous injury found on any vital part of the injured - Accused not previous convict - No special reason assigned by Court while disallowing benefit of probation - Offence u/s 325 IPC is..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 307 -- Attempt to murder - Benefit of probation u/s 4 of the Act or u/s 360 of Cr.P.C. - Held : (a) Benefit of probation cannot be extended where sentence imposed for can be upto life imprisonment; (b) Court cannot extend the benefit of probation u/s 4..........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 361, Indian Penal Code, 1860, Section 307 -- Benefit of probation to a convict u/s 307 IPC - Grant of relief u/s 361 Cr.P.C. or under Probation of Offenders Act should be granted where the offence is not very grave in nature and in certain cases where mens rea remain absent as in a case..........
