Supreme Court · 2009 INSC 139 · Decided 11 February 2009
Eliamma & ANR. v. ST Ate of Karnat Aka
- Court
- Supreme Court of India
- Citation
- 2009 INSC 139 · [2009] 3 S.C.R. 135
- Case number
- CRIMINAL APPEAL No. 265/2009
- Decided
- 11 February 2009
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA, H.L. DATTU (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 34; CrPC Section 360
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: s. 360 - Release of accused on probation - Convicted u/ss 304 (part II) and 201134 /PC - Plea for release of accused A B c u/s 360 of the Code - HELD: Effect, relevance and applicability of s. 360 not considered by courts below - Matter remitted to trial if benefit of s. 360 can 0 be extended to accused - Penal Code, 1860 - ss. 304 (part II) and 201134. In the instant appeal arising out of the conviction u/ ss 304 (part II) and 201/34, the accused-appellants, while challenging the conviction on merits, alternatively E pleaded that they were
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