JUDGEMENT
-
(1.) Leave granted.
(2.) These two appeals have their matrix on an order passed
by a learned Single Judge of the Punjab and Haryana High
Court. By the impugned judgment a Criminal Revision was
filed by the informant and Criminal Appeal filed by the State of
Haryana seeking enhancement of the sentence were disposed
of.
Respondents faced trial for alleged commission of
offences punishable under Sections 148 and 326 read with
Section 149, Section 325 read with Section 149, Section 324
read with Section 149 and Section 323 read with Section 149
of the Indian Penal Code, 1860 (in short the 'IPC') and Chief
Judicial Magistrate, Karnal convicted and sentenced five of the
accused persons in the following manner:
JUDGEMENT_162_TLPRE0_2008_1.html
(3.) Learned counsel for the informant submitted that the
direction given by the High Court cannot be maintained.
Firstly, the Probation of Offenders Act, 1958 (in short the
'Probation Act') is applicable to the State of Haryana and
therefore, Section 360 is not applicable. In any event, life
imprisonment is provided for an offence punishable under
Section 326 IPC. So, Section 360 of the Code also has no
application.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.