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PUSHPENDRA SINGH BHATI
Bhawani Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - This criminal appeal under Section 374(2) Cr.P.C. has been preferred claiming the following reliefs:
"It is, therefore, humbly prayed that this appeal may kindly be allowed and the judgment of conviction and sentence dated 14.10.2015 passed by learned Additional Sessions Judge, Didwana in Sessions Case No. 03/2012 may kindly be set aside and quashed and the appellants may kindly be acquitted from the charges leveled against them."
2. The matter pertains to an incident which occurred in the year 2011 and the present appeal has been pending since the year 2015.
3. Learned counsel for the appellants submits that this Criminal Appeal has been preferred against the impugned judgment dated 14.10.2015 passed by the learned Additional Sessions Judge, Didwana, District Nagaur in Sessions Case No. 3/2012 whereby the appellants were convicted and sentenced as under:-
Appellants | Sections | Sentence |
1 to 5 | 148 IPC | 06 months' S.I. and a fine of Rs. 300/- in default of payment of fine to further undergo 15 days' S.I. |
1 to 5 | 324/149 IPC | 01 year's R.I. and a fine of Rs. 500/- in default of payment of fine to further |
1 to 5 | 326/149 IPC | 03 years' R.I. and a fine of Rs. 3000/- in d |
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 has the discretion to consider the time already spent in custody and may reduce the sentence accordingly.
The court applied the principles of deterrence and correction in sentencing policy to reduce the appellants' sentence to the period already undergone.
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 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 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 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 applied the principles of sentencing policy and the need for timely treatment of injuries in determining the appropriate sentence for the appellant.
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....
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