Supreme Court · 1979 INSC 175 · Decided 6 September 1979

Sushil Chowdhary and ORS. v. State of Bihar

Court
Supreme Court of India
Citation
1979 INSC 175 · [1980] 1 S.C.R. 587
Case number
CRIMINAL APPEAL No. 438/1979
Decided
6 September 1979
Bench
V.R. KRISHNA IYER, P.N. SHINGAL (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 326

Headnote

587 Sentencing pro.ccs.\-Sent£nce for aged persons and youthful offenders--­ Sections 354(3), 360 and 365 Crl. P.C., 1973. Dismissing the appeal by special leave, the Court A B HELD : 1. Having due regard to the age of the accused Munni Marandi and to the absence of any oveit act, a for the offence u/s 149· read with Section 326 I.P.C. [587 G-H] 2. Absence of legislation cannot be made up for by judicial legislation, Babua Marandi was aged 15 yea~ at the time of the offence and there is no Children Act in Bihar. Though the conviction or sentence cannot be

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