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1999 Supreme(SC) 1389

G.B.PATTANAIK, UMESH C.BANERJEE
OM PRAKASH – Appellant
Versus
State Of Haryana – Respondent


( 1 ) LEAVE granted.

( 2 ) THE appellants herein have been convicted under Sections 323 and 325 read with Sections 148/149 IPC and sentenced to imprisonment for two years and six months with the further direction that the sentences would run concurrently. This conviction recorded by the Magistrate was affirmed in appeal as well as by the revisional court, namely, the High Court.

( 3 ) THE occurrence itself took place on 16-11-1988 and more than 11 years have elapsed. The entire incident is the outcome of an accident in the morning when Smt Kala, wife of the complainant was hit by a tractor which was being driven by Pratap, one of the accused persons. Admittedly, there has been no act of misbehaviour or mischief attributed to the accused when they remained in jail.

( 4 ) WHEN the case came up for admission before this Court, the learned counsel for the appellants raised the contention that the provisions of Section 360 Crpc have not at all been looked into and we, therefore, issued limited notice as to why the said provisions will not be attracted to the facts and circumstances of the present case. The provisions of Section 360 Crpc are beneficial to the accused only when the accuse


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