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Radharani Vs. State of Madhya Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Judge
Reported in1981CriLJ1705; 1981(Supp)SCC84
ActsIndian Penal Code (IPC), 1860 - Sections 307 and 309
AppellantRadharani
RespondentState of Madhya Pradesh
Excerpt:
- sections 3(1)(xi) & 23 & scheduled castes and scheduled tribes (prevention of atrocities) rules, 1995, rule 7: [dr. arijit pasayat, dr. mukundakam sharma & h.l. dattu, jj] offence of atrocities - quashing or proceedings held, plea that in f.i.r. caste of accused was not mentioned and, therefore, proceedings should be quashed cannot be allowed. whether accused belongs to scheduled caste or scheduled tribe can be gone into when matter is being investigated. - 2. the circumstances of the case are very sad and touching. a desolate woman jumped into a well with her two children.ordery.v. chandrachud, c.j. 1. heard counsel. special leave granted.2. the circumstances of the case are very sad and touching. a desolate woman jumped into a well with her two children. she was charged under sections 307 and 309 of the penal code. she has been released on admonition for the offence under section 309 of the penal code and has been sentenced to imprisonment for three months for the offence under section 307. we see no valid reason for making this distinction and therefore direct that she shall be released on admonition for the offence under section 307 also. she need not surrender to her bail.
Judgment:
ORDER

Y.V. Chandrachud, C.J.

1. Heard counsel. Special leave granted.

2. The circumstances of the case are very sad and touching. A desolate woman jumped into a well with her two children. She was charged under Sections 307 and 309 of the Penal Code. She has been released on admonition for the offence under Section 309 of the Penal Code and has been sentenced to imprisonment for three months for the offence under Section 307. We see no valid reason for making this distinction and therefore direct that she shall be released on admonition for the offence under Section 307 also. She need not surrender to her bail.


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