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Criminal LawSupreme Court of India

Ramesh v. State of Rajasthan

Criminal Appeal · 2025 INSC 46Decided 9 Jan 2025
Crl.A. No.-000148-000148 - 2025 (arising out of SLP(Crl.) No. 15651 of 2024)
Mrs. Justice B.V. Nagarathna · Justice Nongmeikapam Kotiswar Singh

Background

Ramesh and five family members were convicted in 1995 for offences arising from a violent clash between two groups of the same family on 01.01.1993, which had produced two cross-FIRs tried separately by different courts. The other group's case (arising from the cross-FIR) ended in 2019 with the accused being acquitted on some charges and given probation after the families reached a settlement. In Ramesh's case, the Rajasthan High Court in 2023 acquitted him of the more serious charge (Section 307 IPC, attempt to murder) but upheld his conviction under Sections 326, 325, 452 and 323 IPC, declining to extend probation despite noting the settlement, on the ground that the injuries were serious enough that probation would send the wrong message.

Decision Breakdown

The Supreme Court found that the two criminal cases were genuine cross-cases stemming from the same family clash on the same day, and that the other side's accused had already received probation after a settlement in their (parallel) case. Given that Ramesh, about 70 years old with no other criminal antecedents, had already been acquitted of the gravest charge, had served over four months of the six-month sentence, and that a settlement existed between the families, the Court held there was no reason to deny him the same benefit of probation extended to the other group. Invoking Article 142 of the Constitution along with Section 4 of the Probation of Offenders Act, 1958, the Court granted him probation, directing him to furnish a personal bond and maintain peace and good conduct.

Lesson Learnt

Courts strive for parity and fairness between parties to the same underlying dispute. Where one side to a "cross-case" arising from a single incident has received a lenient sentencing benefit like probation, the other side, absent aggravating factors, has a strong claim to the same treatment, especially where the parties have since reconciled.

Ramesh v. State of Rajasthan – Legal Case Shots | LegalAware