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SWARANA KANTA SHARMA
Nirmal Singh – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)--The present appeal has been filed on behalf of the appellant under Section 374 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') assailing the order dated 20.09.2009 and order of sentence dated 25.02.2009 passed by the learned ASJ, Rohini, Delhi in Case No. CS/193/2006 titled as `State vs Nirmal Singh' arising out of FIR bearing no. 321/2005 registered at Police Station Punjabi Bagh, Delhi for offence punishable under Section 306 Indian Penal Code, 1860 (`IPC').
2. Briefly stated, facts of the case are that the marriage between the appellant and the deceased was solemnized on 06.02.2003 and one boy was born out of the marriage. The deceased had alleged to her relatives that petitioner had started harassing her after six months of marriage. Thereafter, on 25.04.2005, appellant had informed the relatives of deceased that she had committed suicide. The case was registered upon the statement of the father of deceased which was recorded by the Sub-Divisional Magistrate. As per the order dated 20.02.2009, after completion of investigation, charge sheet was filed. The learned Trial Court had framed charges under Sections 498A/306 IPC vide order
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 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 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 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 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 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 may consider the appellant's conduct, contributions to society, and family responsibilities in reducing the sentence.
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 personal circumstances of the appellant and the belated stage of the trial in deciding to reduce the sentence without interfering with the conviction.
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