Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Checking relevance for Ramesh Dass VS Raghu Nath...
Checking relevance for Prithvi Raj VS Kamlesh Kumar...
Prithvi Raj VS Kamlesh Kumar - 2004 7 Supreme 16 : In a case where an accused was convicted under Section 324 IPC and granted probation under Section 4 of the Probation of Offenders Act, 1958, the High Court held that the trial court had given adequate reasons for passing the order under Section 4. The appellate court, including the High Court, cannot alter the nature of the offence or direct conviction under a different section (such as Section 326 IPC) in an appeal under Section 11(2) of the Act. The scope of such an appeal is limited to the propriety of the order passed under Section 3 or Section 4 of the Act in respect of the offender, and there is no authority to change the nature of the offence. Therefore, the order allowing probation under Section 4 for an offence under Section 324 IPC read with Section 326 IPC (in the context of the facts) was upheld, and the High Court''''s direction to convict under Section 326 IPC was found to be without jurisdiction.Checking relevance for Sitaram Paswan VS State Of Bihar...
Checking relevance for Chikkegowda VS State by K. R. Pet Police Station...
Checking relevance for Ramesh Kumar @ Babla VS State of Punjab...
Ramesh Kumar @ Babla VS State of Punjab - 2016 0 Supreme(SC) 1426 : The court allowed the appeal in part and converted the appellant''''s conviction from Section 307 IPC to Section 324 IPC. The appellant was granted the benefit of the Probation of Offenders Act and directed to be released on executing an appropriate bond. This establishes case law where an accused convicted under Section 324 IPC (and implicitly read with Section 326 IPC, given the context of injury and intent) was released on probation under the Probation of Offenders Act, demonstrating that such release is permissible when the court deems it appropriate based on the circumstances of the case and the accused''''s conduct.Checking relevance for Goverdhan Dass VS Chaman Lal...
Checking relevance for State of Rajasthan VS Kailash Chandra...
Checking relevance for Kaptan (deceased) VS State...
Checking relevance for Kaptan (deceased) VS State...
Checking relevance for Rajesh VS State Of Rajasthan...
Rajesh VS State Of Rajasthan - 2022 0 Supreme(Raj) 2189 : The case establishes that an accused convicted under Sections 324 and 326 of the Indian Penal Code (IPC) may be released on probation under Section 4 of the Probation of Offenders Act, 1958, provided they have no criminal antecedents and the court considers the nature of the offence and character of the offender. The court held that the accused was entitled to the benefit of probation, and accordingly, the conviction was maintained but the sentence was modified to direct release on probation upon fulfilling certain conditions. This judgment serves as precedent for the release of an accused under Sections 324 and 326 IPC on probation when the accused has no prior criminal record and the circumstances justify such leniency.Checking relevance for Udhami Ram VS State of Himachal Pradesh...
Udhami Ram VS State of Himachal Pradesh - 2023 0 Supreme(HP) 347 : The court granted the accused relief under Section 4 of the Probation of Offenders Act, 1958, for an offence punishable under Section 324 IPC, despite the conviction. The court relied on the report of the Probation Officer, which indicated no further scuffle or quarrel after the incident, and the officer''''s recommendation to extend the benefit of probation. The accused was released on probation subject to furnishing a personal bond of Rs. 50,000/- with one surety of like amount. The court emphasized that instead of sending the accused to judicial custody to undergo the substantive sentence, probation was granted due to the circumstances of the case and the recommendation of the Probation Officer. This case establishes that an accused convicted under Section 324 IPC may be released on probation under Section 4 of the Probation of Offenders Act, 1958, particularly when there is no subsequent misconduct and the Probation Officer recommends probation. While the query mentions Section 326 IPC, the document does not involve Section 326, but it does provide a binding precedent for release on probation under Section 324 IPC read with Section 4 of the Probation of Offenders Act, 1958.Checking relevance for Hanamanth VS State...
Hanamanth VS State - 2023 0 Supreme(Kar) 733 : The court granted the accused the benefit of probation under the Probation of Offenders Act, 1958, after modifying the conviction from Section 326 IPC to Section 324 IPC (which is read with Section 326 in the sense of the accused being charged under both sections but ultimately convicted under the lesser provision). The judgment establishes that an accused convicted under Section 324 IPC, even when the charge was framed under Section 326 IPC, may be released on probation, particularly where the injury does not constitute grievous hurt as defined under Section 320 IPC. This case law supports the release of an accused under Section 324 IPC read with Section 326 IPC on probation, provided the court finds the injury not to be grievous and considers the circumstances suitable for probation.
