PUSHPENDRA SINGH BHATI
Prabhu 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, respectfully prayed that this Appeal may kindly be allowed and the accused appellant may be acquitted of all the charges leveled against him."
2. Mr. Himanshu Trivedi, Advocate is appointed as Amicus Curiae to argue the matter on behalf of the accused-petitioners under the free legal aid scheme of RSLSA. His remuneration shall be paid by the Rajasthan State Legal Services Authority as per the rules.
3. The matter pertains to an incident which occurred in the year 1988 and the present appeal has been pending since the year 1994.
4. Learned counsel for the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 22.04.1994 passed by the learned Additional Sessions Judge, Bhilwara in Sessions Case No. 46/88, whereby the appellant was convicted for the offences under Sections 325, 452, 147, 352 IPC and sentenced as under:-
(Sentences will run concurrently).
Section 325 IPC:- Four years' R.I. and a fine of Rs. 1000/- in default of payment of which he was ordered to undergo further two months' R.I.
Sec
Alister Anthony Pareira vs. State of Maharashtra (2012) 2 SCC 648
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 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 court applied the principles of sentencing policy and the need for timely treatment of injuries in determining the appropriate sentence for the appellant.
The court applied sentencing principles of deterrence and correction, considering medical evidence and discrepancies in the prosecution's story to reduce the appellant's 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 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'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'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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