Supreme Court · 2008 INSC 1309 · Decided 18 November 2008
Radhey Shyam v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1309 · [2008] 16 S.C.R. 131
- Case number
- CRIMINAL APPEAL No. 1833/2008
- Decided
- 18 November 2008
- Bench
- TARUN CHATTERJEE, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 326, 34, 307
Headnote
< PENAL CODE, 1860: s. 326 - Father and son were prosecuted uls 307 /PC C for pouring acid on their tenant - Trial Court convicting the son and ·sentencing him to 4 year rigorous imprisonment u/s 326 and acquitting his father - High Court maintaining the conviction and sentence - In to sentence only - Plea for D leniency in sentence - Affidavit sworn by complainant practically absolving the accused - HELD: The incident is 30 years old and after being released in 2006 on bail, it would not be proper to send the accused back to jail, more particularly, when nothing has
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