PUSHPENDRA SINGH BHATI
Mangi Lal – Appellant
Versus
State – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - This criminal appeal under Section 374 Cr.P.C. has been preferred claiming the following reliefs:
"It is, therefore, prayed that this appeal be accepted, the convictions and the sentences of the appellants be quashed and they be acquitted of the charges or any other appropriate order which may be considered just and proper in the circumstances of the case may be passed. "
2. The matter pertains to an incident which occurred in the year 1988 and the present appeal has been pending since the year 1994.
3. Learned counsel for the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 12.05.1994 passed by the learned Additional District and Sessions Judge No. 1, Chittorgarh in Sessions Case 131/88 whereby the appellant was convicted for the offences under Sections 147, 323/149 & 304-II/149 of IPC and sentenced to undergo one years' R.I.; sentenced to undergo six months' R.I. & sentenced to undergo four years' R.I. respectively.
4. Learned counsel for the appellants submits that the incident is of 06.11.1988, in which, the dispute arose regarding the ownership of a particular agricultural land between the parti
Alister Anthony Pareira vs. State of Maharashtra (2012) 2 SCC 648
The court's decision emphasized the consideration of witness statements, the nature of the offense, and the age of the appellants in determining the appropriateness of the sentence.
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 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 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 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 the time already spent in custody and may reduce the sentence accordingly.
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....
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