SWARANA KANTA SHARMA
Dalip @ Tuli – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)--The instant appeal under Section 374 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed by the appellants against judgment dated 28.02.2011 and order on sentence dated 01.03.2011 passed by learned Additional Sessions Judge-03, Rohini Courts, Delhi in Sessions Case No. 01/2010 arising out of case FIR bearing no. 424/2008 registered at Police Station Jahangir Puri, Delhi under Sections 308/34 of the Indian Penal Code, 1860 (`IPC').
2. The facts of the present case are that on 20.08.2008 at about 7:15 pm, when the complainant had gone to the market, the accused persons i.e. the appellants had come and had demanded Rs.1,000/- from the complainant. When the complainant had refused to fulfill their demand, the appellants had hurled abuses at him and upon objection being raised by the complainant to the same, the appellant no. 1 had caught the collar of his shirt and appellant no. 2 had given a blow on his head with an iron rod/saria due to which he had started bleeding and had fallen on the ground. Accordingly, the present FIR was registered and both the accused were arrested. After completion of investigation, chargesheet was fil
The court considered the circumstances and conduct of the appellant in deciding to reduce the sentence and enhance the compensation.
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 central legal point established in the judgment is the consideration of the age of the appellant, the belated stage of the incident, and the trauma of facing trial for 19 years in determining the....
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 may consider the appellant's personal circumstances, including age and family responsibilities, in determining the appropriate sentence.
The Court has the discretion to consider the appellant's family circumstances and the period of trial in deciding the suspension of sentence and imposing a further fine instead of further imprisonmen....
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 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....
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