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MANOJ KUMAR GARG
Roop Ji – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Instant criminal appeal under Section 374(2) Cr.P.C. has been filed against the judgment and order dated 09.12.1992 passed by learned Sessions Judge, Banswara (hereinafter referred to as 'the trial Court') in Sessions Case No. 132/1989, whereby the trial Court has convicted and sentenced the appellants as under:-
S. No. | Name of accused | Offence | Punishment |
1. | Roopji | 148 IPC | Two years' rigorous imprisonment |
|
| 147 IPC | One Year's rigorous imprisonment |
|
| 452 IPC | Two years' rigorous imprisonment and fine of Rs. 100/-, in default of payment of fine to undergone one month's R.I |
|
| 307/149 IPC | Four years' rigorous imprisonment and fine of Rs. 200/-, in default of payment of fine to undergone two month's R.I |
|
| 323/149 IPC | Six months rigorous imprisonment |
2. | Arjun Singh | 147IPC | One year's rigorous imprisonment |
|
| 452 IPC | Two years' rigorous imprisonment and fine of Rs. 100/-, in default of payment of fine to undergone one month's R.I |
|
| 307/149 IPC | Four years' rigorous imprisonment and fine of Rs. 200/-, in default of payment of fine to undergone two month's R.I |
|
| 323/149 IPC | Six months rigorous imprisonment |
3. | Deveng |
|
|
| 147 IPC | One year's rigorous imprisonment |
|
|
| 307/149 IPC | Four years' rigorous i |
The court emphasized the importance of considering the nature of injuries, the degree of criminality, and mitigating factors in determining an appropriate sentence.
The court may reduce a sentence based on the time already served and the circumstances of the case, while maintaining the conviction.
The nature of injury is immaterial, and what is relevant is the nature of the weapon used to inflict the injury. Imposing appropriate sentences to protect society and deter criminals is crucial.
A conviction for attempt to murder requires independent proof of murderous mens rea, which cannot be presumed solely from the severity of injuries. When an assault is spontaneous and lacks evidence o....
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