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july 2006

Supreme Court of India · 2006-07-27

Daljit Singh And Others vs State Of Punjab Through Secretary Home ...

Citation / case number
AIRONLINE 2006 SC 223
Court
Supreme Court of India
Petitioner
Daljit Singh And Others
Respondent
State Of Punjab Through Secretary Home ...
Author
Arijit Pasayat
Bench
Lokeshwar Singh Panta, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the applicability of Section 4 of the Probation of Offenders Act, 1958 and Section 360 of the Code of Criminal Procedure, 1973 in the context of sentencing under Section 307, 324, and 323 read with Section 34 IPC. The Court held that when the Probation Act is applicable, Section 360 cannot be invoked, emphasizing that the Probation Act has paramountcy in its domain. The Court upheld the convictions under Section 324 and 323 IPC but found that the charges under Section 307 IPC were not established, thus modifying the sentences accordingly.

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