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.