Ravindra Nath Verma and 2 Ors. v. State of U.P.
CRIMINAL APPEAL – SENTENCING – PROBATION OF OFFENDERS ACT, 1958, Ss.3, 4, 5 WITH Ss.360, 361 CrPC
Case brief
What is this about?
Probation of Offenders Act 1958 S.4 release granted on appeal despite affirmation of conviction under Ss.325/34 and 323/34 IPC; appellate court applies Ss.360/361 CrPC where trial court omitted probation consideration; sentencing independent of conviction; compensation under S.5 Act of 1958 (Rs.13,000 each, total Rs.39,000) to injured Ram Dayal/legal heirs; sureties Rs.50,000 each; first offenders, no antecedents, vicarious liability S.34 IPC, mar-peet 2002 Sultanpur FTC; Crl. Appeal 1121 of 2005, decided 01.04.2024, Lucknow Bench.
What did the court decide?
Conviction under sections 325/34 and 323/34 IPC upheld; sentencing modified — appellants released on probation under Section 4, Probation of Offenders Act 1958, for two years on keeping peace and good behaviour, with two sureties of Rs.50,000 each and personal bonds before the court below; compensation of Rs.13,000 each (total Rs.39,000) payable under Section 5 within one month to injured Ram Dayal or his legal heirs; bonds and compensation to be furnished within one month; breach or default entails serving the whole original sentence.