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1 - 8 of 8 (0.31 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 326 in The Indian Penal Code, 1860 [Entire Act]
Section 4 in The Probation of Offenders Act, 1958 [Entire Act]
Gurpal Singh vs State Of Punjab & Ors on 10 May, 2005
9. Learned counsel for the appellants has submitted that PW-1 and PW-2 are the interested witnesses and they are not reliable. He further submitted that appellants have wrongly been convicted for the offence, under Section 304 I.P.C. as the charge-sheet was filed under Section 326 I.P.C. and injured died after two months from the date of incident due to septicemia, but supplementary charge-sheet was filed under Section 304 I.P.C. He also relied on the decision of the Hon'ble Supreme Court in the case of Gurpal Singh vs. State of Punjab reported in 2017 SC 471 and submitted that alleged incident is of 1996 i.e. 26 years back and appellants, namely, Kallu and Ajij @ Aziz are now 65 years and 62 years and Tannu is 50 years. They belong to the poor family and they do not have any criminal history.
Section 360 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Karnataka vs Muddappa on 20 April, 1999
10. Learned counsel for the appellants also relied on the decision of Hon'ble Supreme Court in the case of State of Karnataka Vs. Muddappa reported in 1999 5 SCC 732 and submitted that in the aforesaid case, the Hon'ble Supreme Court upheld that the decision of the High Court by which the sentence under Section 304 (II) I.P.C. was undergone by giving the benefit of Section 360 of the Code of Criminal Procedure as well as Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred as the "Act"). In the present case, if the case of prosecution is admitted, then only offence under Section 304(II) I.P.C. is made out and appellants are also entitled to get the benefit of probation of offender Act.
The Indian Penal Code, 1860
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