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Padma Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. This criminal appeal under Section 374(2) Cr.P.C. has been preferred claiming the following reliefs :-
3. The matter pertains to an incident which occurred in the year 1992 and the present appeal has been pending since the year 1994.
4. Learned counsel for the appellants submits that this Criminal Appeal has been preferred against the impugned judgment dated 17.08.1994 passed by the learned Additional Sessions Judge, Barmer in Sessions Case No.06/93 whereby the appellants were convicted for the offence under Section 304 Part-II read with Section 34 IPC and sentenced to undergo 10 years R.I. and a fine of Rs.100/-to each default of payment of which they were ordered to further undergo 15 days S.I; & unde
The court must consider the gravity of the crime, motive for the crime, nature of the offence, and all other attendant circumstances in determining the appropriate sentence.
The court considered the lack of medical evidence and shaky eyewitness testimony in allowing the appellant's prayer to substitute the sentence awarded with the period already undergone.
The court's decision was influenced by the sentencing principles, considering the crucial witness turning hostile and the non-recovery of the weapon of the crime, leading to the reduction of the appe....
The court applied the principles of sentencing policy and the need for timely treatment of injuries in determining the appropriate sentence for the appellant.
The benefit of doubt arising from the imbalance in establishing the offence led to the conviction being replaced with a lesser offence, and the sentence was reduced based on the circumstances and pre....
The key legal point established in the judgment is the court's consideration of the proviso of Section 376 IPC for reducing the sentence based on adequate and special reasons.
The court considered the principles of deterrence and correction in sentencing, and the long pendency of the case and the financial and mental hardship suffered by the appellant in reaching its decis....
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