PUSHPENDRA SINGH BHATI
Shivlal – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - This Criminal Appeal preferred under Section 374 Cr.P.C. has been preferred claiming the following reliefs:
"It is, therefore, prayed that appeal so filed by the accused-appellant may kindly be allowed and accused appellant be acquitted for the offence with which he has been charged, with and looking to the facts & circumstances of the case that he accused appellant is in jail since 17/11/94, he be released on the sentence already undergone, or looking to the facts& circumstances of the case probation be given under the Probation of Offenders Act""
2. The matter pertains to an incident which occurred in the year 1994 and the present Criminal Appeal has been pending since the year 1996.
3. Learned counsel for the appellant submitted that this Criminal Appeal has been preferred against the judgment dated 25.03.1996 passed by the learned Sessions Court, Nagaur in Criminal Case No. 14/1995, whereby the learned Court convicted the appellant, under Sections 307, 324 and 326 I.P.C. and Section 3/25 Arms Act, 1959 for which he was awarded multiple sentences, all of which were to run concurrently and he was sentenced to 6 years R.I. along with a fine of Rs.
Alister Anthony Pareira v. State of Maharashtra (2012) 2 SCC 648
The court has the discretion to consider the time already spent in custody and may reduce the sentence accordingly.
The court considered the gravity of the crime, motive for the crime, nature of the offence, and all other attendant circumstances in determining the appropriate sentence for the appellants.
The court applied the principles of deterrence and correction in sentencing policy to reduce the appellants' sentence to the period already undergone.
The court emphasized the consideration of the gravity of the crime, motive for the crime, and all other attendant circumstances in determining the appropriate sentence.
The court must consider the principles of deterrence and correction in sentencing, as well as the gravity of the crime, motive for the crime, and all other attendant circumstances.
The main legal point established in the judgment is the court's application of sentencing principles, considering the gravity of the crime, motive for the crime, nature of the offence, and other atte....
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 main legal point established in the judgment is the court's discretion to substitute the sentence with the period already undergone by the appellant, considering the serious lacunae in the prosec....
The court considered the principles of sentencing policy and the gravity of the crime in reaching its decision to reduce the sentence to the period already undergone by the appellants.
The court has the discretion to consider factors such as age, nature of allegations, and case pendency in determining the appropriate sentence, as established in Alister Anthony Pareira v. State of M....
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