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Radharani v. State Of Madhya Pradesh

Radharani
v.
State Of Madhya Pradesh

(Supreme Court Of India)

Criminal Appeal No. 643 Of 1981 | 14-08-1981

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 S. 307. We see no valid reason for making this distinction and therefore direct that she shall be released on admonition for the offence under S. 307 also. She need not surrender to her bail

3. Order accordingly.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE E. S. VENKATARAMIAH

HON'BLE JUSTICE Y. V. CHANDRACHUD (CJI)

Eq Citation

1981 CRILJ 1705

(1981) SUPPL. SCC 84

AIR 1981 SC 1776

LQ/SC/1981/340

HeadNote

Penal Code, 1860 — Ss. 307 & 309 — Release on admonition — Distinction between offences under Ss. 307 and 309 — Held, no valid reason for making this distinction — Woman charged under Ss. 307 & 309 for jumping into a well with her two children — She was released on admonition for the offence under S. 309 and has been sentenced to imprisonment for three months for the offence under S. 307 — She need not surrender to her bail — Criminal Procedure Code, 1973, S. 360 or S. 361

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