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1989 Supreme(Ker) 6

PADMANABHAN
JAMES – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Mother and son (accused 1 and 2) were tried for offences punishable under S.307, 332, 212 and 225 read with S.34 of the Indian Penal Code, but convicted only under S.212,324 and 332. Sentences were also imposed. Appeals by State and the accused were disposed of by a common judgment on 28-3-1988. Both appeals were partly allowed. Convictions and sentences were modified. First accused was ordered to be released on probation. Second accused was convicted under S.212, 225 and 332 and reduced sentence of simple imprisonment for one year (maximum sentence awarded by the trial court was three years) was awarded under each count with direction to suffer the sentences concurrently. In Special Leave Petition No. 1739 of 1988, filed by the second accused, the Honourable Supreme Court ordered:

"Special Leave Petition is dismissed. The petitioner may, if he is so advised, approach the High Court for an application under the Probation of Offenders Act".

Accordingly, this petition was filed under S.482 of the Code of Criminal Procedure praying that in the light of the opportunity given by Their Lordships of the Supreme Court, this Court may be pleased to invoke the provisions of the













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