Back
GANESH RAM MEENA
Murari, Son of Binori – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. Vide order dated 21.03.2023, the Coordinate Bench of this Court directed the learned Public Prosecutor to call for the whereabouts and present status of the accused appellants from the concerned Police Station.
2. Today, when the matter came up on its turn, the learned Public Prosecutor submitted the status report dated 19.02.2024 before the Court given to him by the SHO of Police Station Bayana, District Bharatpur (Raj.).
3. As per the status report dated 19.02.2024, the accused appellants No.1- Murari s/o Binori, No.2.Vishnu s/o Murari Lal and No.4 Raghuveer s/o Murari, have expired. Therefore, the criminal appeal qua the above named accused appellants stands abated. The said status report is taken on record.
4. So far as the criminal appeal filed by accused appellants No.3 and 5 namely; Sardar and Bahadur, is concerned, same is being heard and decided by this Judgment.
5. The present criminal appeal has been preferred by the accused-appellants against the judgment of conviction and sentence dated 16.06.1994 passed by the Court of learned Addl. District & Sessions Ju
The main legal point established in the judgment is the court's discretion to grant the benefit of probation under the Probation of Offenders Act, 1958, based on the circumstances of the case, the na....
The court upheld the conviction under Section 307 IPC but granted probation, emphasizing rehabilitation over punishment for offenders above 21 years.
The Probation of Offenders Act allows for probation for offenders not facing life sentences, emphasizing rehabilitation over punishment based on individual circumstances.
The court held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
The court established that probation can be granted under the Probation of Offenders Act, 1958, even for older offenders, emphasizing rehabilitation over punishment.
The court reinforced that the Probation of Offenders Act prioritizes rehabilitation over punishment, allowing for probation based on the offender's character and circumstances.
The court emphasized the necessity for trial courts to consider the application of probation laws for first-time offenders and the requirement to provide reasons for not applying such provisions.
The court emphasized the necessity of considering probation for first-time offenders and the requirement for special reasons when denying such benefits, particularly under the Probation of Offenders ....
Courts must consider probation for minor offences like voluntarily causing hurt, recording reasons if denied; appellate courts can grant benefit considering delay, offender character, reformatory aim....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
