B. V. NAGARATHNA, N. KOTISWAR SINGH
Ramesh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
NONGMEIKAPAM KOTISWAR SINGH, J.
Leave granted.
2. The present appeal has been preferred against the impugned judgment and order dated 09.11.2023 passed by the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in S.B. Criminal Appeal No.562/1995 which partly allowed the appeal preferred by the appellant and other accused against the order of conviction dated 31.10.1995 passed by the Additional District and Sessions Judge, Gangapur City, Rajasthan in Session Case No.31/93.
3. The Additional District and Sessions Judge, Gangapur City in the aforesaid Session Case No. 31/93 had convicted the appellant under Sections 148, 307/149, 326, 323/149, 452 IPC vide judgment dated 31.10.1995. Five other accused were also convicted under various sections of the Indian Penal Code, 1860 (for short “IPC”) viz, Sections 148, 452, 323, 307, 326 and 325 with which we are not presently concerned in this appeal as we are concerned with the conviction and punishment given to the appellant-Ramesh.
4. The present appellant Ramesh and other accused preferred a common appeal before the High Court of Judicature for Rajasthan at Jaipur Bench in S.B. Criminal Appeal No.562 of 1993 against the j
Sudhir and other vs. State of M.P. (2001) 2 SCC 688 – Relied [Para 7.3]
Nathi Lal and Others vs. State of U.P and Another 1990 Supp. SCC 145 – Relied [Para 7.3]
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The court emphasized the necessity of considering probation for first-time offenders and the requirement for special reasons when denying such benefits, particularly under the Probation of Offenders ....
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