Supreme Court of India · 2006-07-06
Chhanni vs The State Of Uttar Pradesh
- Citation / case number
- AIR 2006 SUPREME COURT 3051
- Court
- Supreme Court of India
- Petitioner
- Chhanni
- Respondent
- The State Of Uttar Pradesh
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court addressed the legality of the Allahabad High Court's order rejecting the appellant's application for modification of his conviction under Sections 304 Part II, 323, and 147 IPC. The Court held that the provisions of the Probation of Offenders Act, 1958, take precedence over Section 360 of the Code of Criminal Procedure, 1973, and emphasized that the application for probation must be considered under the appropriate statutory framework. The Court ultimately upheld the High Court's decision, affirming the modified conviction under Section 323 IPC and the sentence imposed.