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Supreme Court of India 2019-03-25 partly_allowed

Goverdhan Dass vs Chaman Lal and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Respondents were convicted under IPC Sections 148, 149, 323, 324, 325, and 326 for a 1985 incident causing serious injuries to the appellant's father and brother. The High Court granted probation under the Probation of Offenders Act citing passage of time. The Supreme Court held that Section 326 offences carrying life imprisonment cannot be compounded under probation provisions. The Court set aside probation but, considering the 34-year lapse since the incident and the accused's age and health, imposed a sentence till rising of court instead of the original three-year imprisonment, while enhancing compensation from Rs. 75,000 to Rs. 5 lakhs.

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Criminal Law Sentencing Probation and Parole Grievous Injury Code of Criminal Procedure Probation of Offenders Act

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