Binoy & Anr. Vs. State of Kerala
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Head Note
Indian Penal Code,1860 - Section 323 , Section 324 , Section 452
Probation of Offenders Act, 1958 - Section 4 -Conviction - Sentence - Probation - Serious allegation of use of sharp weapon such as sword by the accused incised injuries on their persons - Even then the High Court showed leniency by altering conviction under Section 308 IPC to one under Section 324 IPC and reduced sentence of three years to six months for Section 324 IPC and further reduced sentence of six months each under Section 323 IPC and three years each under Section 452 IPC to R.I. for a period of three months each under Sections 452 and 323 IPC -Only plea for showing leniency was a claim that the appellants have got aged mother - Held that in the facts and circumstances, the view taken by the trial court for not extending the Probation of Offenders Act cannot be faulted.
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