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PUSHPENDRA SINGH BHATI
Sardar – 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 appellants may be acquitted of the charges levelled against them."
2. The matter pertains to an incident which occurred in the year 1994 and the present appeal has been pending since the year 1995.
3. Learned counsel for the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 15.07.1995 passed by the learned District and Sessions Judge, Dungargarh in Sessions Case 113/94 whereby the appellants were convicted for the offences under Section 304 Part-II and sentenced to undergo 07 years' R.I. and a fine of Rs. 1,000/- each and in default of payment of which they were ordered to further undergo 6 months' R.I..
4. Learned counsel for the appellants submits that the incident is of 02.10.1994, when an altercation regarding the tilling of the agricultural land occurred between the parties, as the accused tried to restrain the complainant from going ahead for tilling the agricultural land.
5. Learned counsel for the appellants has d
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 court has the discretion to consider the time already spent in custody and may reduce the sentence accordingly.
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 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 applied the principles of sentencing policy and the need for timely treatment of injuries in determining the appropriate sentence for the appellant.
The court established that actions taken in the heat of passion without premeditation can lead to a conviction for culpable homicide rather than murder.
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