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SWARANA KANTA SHARMA
Madan – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)--The present appeal under Section 374 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by appellant against the judgment dated 15.04.2009 and order on sentence dated 17.04.2009 passed by learned District Judge-VII/North-East-cum-Additional Sessions Judge, Karkardooma Courts, Delhi in case FIR bearing no. 72/2007, registered at Police Station Nand Nagri, Delhi for offences punishable under Section 307 of the Indian Penal Code, 1860.
2. The present appeal was admitted on 20.05.2009 and the sentence of appellant was suspended vide order dated 07.07.2009 by this Court.
3. Briefly stated, the case of prosecution, before the learned Trial Court was that victim Raju was running a cycle repair Shop at a place near Firoz Generator walla, Shivani Dharam Kanta, Sewa Dham Road, Saboii, Delhi, and the appellant was also doing cycle repair job adjoining victim's place of work. On 27.01.2007 at about 9.30 AM, the appellant came to the shop of victim and asked him not to open his shop and upon victim's refusal, appellant picked a scissor and threatened to kill him. Thereafter, appellant stabbed the victim with scissors in his abdomen as a
The Court has the discretion to consider the personal circumstances of the appellant and the belated stage of the trial in deciding to reduce the sentence without interfering with the conviction.
The Court has the discretion to consider the prolonged trial period, the appellant's conduct, and his positive contribution to society after the conviction as grounds for reducing the sentence.
The court has the discretion to consider the overall facts and circumstances of the case, including the appellant's conduct and the belated stage of the trial, in deciding on the reduction of sentenc....
The Court may consider the appellant's conduct, contributions to society, and family responsibilities in reducing the sentence.
The Court has the discretion to consider the circumstances and conduct of the appellant in reducing the sentence, especially in cases where a significant amount of time has passed since the incident.
The Court has the discretion to consider the age of the incident, the personal circumstances of the appellant, and the belated stage of the trial in deciding to reduce the sentence.
The court has the discretion to consider the circumstances of the case, including the duration of the trial and the appellant's current responsibilities, in deciding on the reduction of sentence.
The court has the discretion to reduce the sentence based on the overall facts and circumstances of the case, especially considering the belated stage of the trial and the conduct of the appellant du....
The court considered the circumstances and conduct of the appellant in deciding to reduce the sentence and enhance the compensation.
The court may consider the appellant's personal circumstances, including age and family responsibilities, in determining the appropriate sentence.
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