Supreme CourtDivision Bench

Mohammad alias Biliya vs State of Rajasthan

Supreme Court Of India · Decided on 15 May 1998 · Citation: (1999) CriLJ 3509 : (2000) 10 SCC 486

HON’BLE JUDGES
Sujata V. Manohar, J · G. B. Pattanaik, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 302, 304
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 613 of 1998, (Arising out of SLP (Criminal) No. 1816 of 1997)
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Judgment

3 paragraphs · 174 words
1.

Leave granted.

2.

The appellant stood charged u/s 302 IPC but the learned Sessions Judge convicted him u/s 304 Part II IPC and sentenced him to four years'' imprisonment. Against the order of the learned Sessions Judge, the State and also the appellant had preferred the appeals but both the appeals were dismissed. In this Court when the matter was listed for admission, a limited notice had been given to find out whether the provisions of the Probation of Offenders Act can be given effect to in view of the age of the appellant on the date of the occurrence. On verifying the age of the appellant, Mr Aruneshwar Gupta, learned counsel appearing for the State states that admittedly the age of the appellant was less than 21 years on the date of the occurrence. In view of the aforesaid, we direct that the appellant be released on probation on executing a bond to the satisfaction of the Magistrate concerned for a period of two years,

3.

The appeal is disposed of accordingly.