PUSHPENDRA SINGH BHATI
Ajmer Singh @ Balu – Appellant
Versus
State – Respondent
JUDGMENT
1. This criminal appeal under Section 374(2) Cr.P.C. has been preferred claiming the following reliefs:
"It is, therefore, most humbly prayed that this appeal may kindly be allowed and impugned judgment of conviction and sentence dated 08.12.2014 passed by learned Sessions Judge, Pali in Sessions case no.54/2022 (11/2009) may kindly be quashed and set aside and the appellants may kindly be acquitted from the charges levelled against them."
2. The appellant No.2 Bitthu has expired.
3. The appellants No.1, 3 & 4 i.e. Ajmer Singh @ Balu, Rockey and Chand @ Rafi @ Yusuf have already served sentence of six years and nineteen days (as on 24.03.2015) in lieu of seven years' sentence awarded to them.
4. The matter pertains to an incident which occurred in the year 2008 and the present appeal has been pending since the year 2014.
5. Counsel for the appellant(s) submits that this Criminal Appeal has been preferred against the impugned judgment dated 08.12.2014, passed by learned Sessions Judge, Pali in Sessions Case no.54/2011 (11/2009), whereby the learned court below while acquitting appellants under Sections 325, 342, 457 read with 34 IPC and Section 3/25 of Arms Act, convicted them
Alister Anthony Pareira Vs. State of Maharashtra (2012) 2 SCC 648
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 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 court has the discretion to consider the time already spent in custody and may reduce the sentence accordingly.
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....
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 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 applied the principles of sentencing, considering the gravity of the crime, motive for the crime, and the nature of the offence, to decide on the reduction of sentence for appellant No.2-Ma....
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