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february 2008

Supreme Court of India · 2008-02-14

RAMESH DASS vs RAGHU NATH

Citation / case number
SC 2006/19727
Court
Supreme Court of India
Petitioner
RAMESH DASS
Respondent
RAGHU NATH
Author
ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed the applicability of Section 360 of the Code of Criminal Procedure, 1973, in relation to the Probation of Offenders Act, 1958, and the sentencing of the accused under Sections 148, 326, 325, 324, and 323 read with Section 149 IPC. The Court held that the High Court's decision to release the accused on probation was erroneous as life imprisonment is prescribed for Section 326 IPC, thus Section 360 cannot apply. The Court ultimately dismissed the appeals of the State and the informant, affirming the High Court's modification of the sentence and fine imposed on the accused.

RAMESH DASS vs RAGHU NATH · Niyam