The case of Ramesh, who was convicted in a 1995 trial stemming from a 1993 family clash. The judgment reviews the High Court’s partial allowance of Ramesh’s appeal and his continued conviction on certain charges while being acquitted of others. Significantly, the Supreme Court considers a related cross-case from the same incident where the opposing family group was released on probation after a settlement. Ultimately, the Supreme Court grants Ramesh the benefit of probation as well, citing the settlement in the cross-case, his age, and the lack of prior criminal record.
Penal Code, 1860, Sections 326, 325, 452 and 323 – Probation of Offenders Act, 1958, Section 4, 5 and 11 – Constitution of India, Article 142 – Probation – Granted – Two criminal cases were in reality cross cases filed by two groups of the family because of certain family disputes and the genesis of both the criminal cases can be traced to the clash between the two conflicting groups which occurred on the same day on 01.01.1993 resulting in filing of two FIRs before the same police station and culminating into two separate criminal proceedings and trials – Held that there is no reason why the benefit of the provisions of Probation Act cannot be extended to the present appellant also, which was extended to the other accused in the cross case – Appellant is about 70 years old – His conviction under the more serious offence under Section 307 IPC has been already set aside by the High Court and he has been convicted only under Sections 326, 325, 452 and 323 IPC and the maximum period of punishment awarded by the High Court is six months imprisonment with a fine of Rs.5000/-and has already undergone more than 4 months of imprisonment as of now – Invoking the jurisdiction under Article 142 of the Constitution of India the benefit of the Probation Act granted to the appellant also, which had been granted to the other accused belonging to the other conflicting group in the cross case, considering the fact that a settlement was reached between the parties and neither any criminal antecedents nor any adverse material against the conduct of the appellant, have been brought to the notice of this Court – Directing the release of the appellant by extending the benefit of Section 4 in exercise of powers conferred under Section 11 of the Act, 1958 and Article 142 of the Constitution of India – Appellant directed to execute a personal bond of Rs.10,000/- with surety of like amount for a period of six months with the undertaking that he will maintain peace and good conduct in the society, and that he will not repeat the crime and will appear at his own expense to face punishment when called by the court – Further, under Section 5 of the Probation Act, an amount of Rs.100/- is imposed on the appellant towards prosecution expense.
(Para 16 to 19)
Ramesh V. State Of Rajasthan
Supreme Court: 2025 INSC 46: (DoJ 09-01-2025)
