The court must consider the gravity of the crime, motive for the crime, nature of the offence, and all other attendant circumstances in determining the appropriate sentence.

JUDGMENT

Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. This criminal appeal under Section 374(2) Cr.P.C. has been preferred claiming the following reliefs:

"It is, therefore, prayed that this Hon'ble Court will be pleased to send for the record of the lower court, peruse the same and after perusal, quash the conviction and sentences passed against the appellant, acquit him, or pass any other orders that his Hon'ble court deems fit and proper."

3. The matter pertains to an incident which occurred in the year 1993 and the present appeal has been pending since the year 1995.

4. Learned counsel for the appellants submits that this Criminal Appeal has been preferred against the impugned judgment dated 23.03.1995 passed by the learned Special Judge, Essential Commodities Act, Jodhpur in Sessions Case No. 13/95 whereby the appellants were convicted for the offences under Sections 326 & 326/34 IPC and sentenced to undergo four years' R.I. and a fine of Rs. 500/- in default of payment of which they were further ordered to undergo three months R.I. to each.

5. Learned counsel for the appellants has drawn attention of this Court to the statement of Dr. Kothari alongwith exhibit P/25, which is operation note as per which, doctor in his examination stated that injuries were not dangerous to life, particularly, rib fracture.

6. Learned counsel for the appellants further submits that the sentence so awarded to the appellant Chhotu Das was however suspended by this Hon'ble Court, vide order dated 03.04.1995 passed in S.B. Criminal Misc. Suspension of Sentence (Bail) Petition No. 125/95 and sentence awarded to appellant- Jai Kishan was suspended by this Hon'ble Court, vide order dated 30.03.1995 in S.B. Criminal Misc. Suspension of Sentence (Bail) Petition No. 120/95.

7. Learned counsel for the appellants, however, makes a limited submission that without making any interference on merits/conviction, the sentence awarded to the present appellants may be substituted with the period of sentence already undergone by them.

8. Learned Public Prosecutor opposes the same.

9. This Court is conscious of the judgments rendered in, Alister Anthony Pareira v. State of Maharashtra (2012) 2 SCC 648 and Haripada Das v. State of W.B. (1998) 9 SCC 678 wherein the Hon'ble Apex Court observed as under:-

Alister Anthony Pareira (Supra)

"There is no straitjacket formula for sentencing an accused on proof of crime. The courts have evolved certain principles: twin objective of the sentencing policy is deterrence and correction. What sentence would meet the ends of justice depends on the facts and circumstances of each case and the court must keep in mind the gravity of the crime, motive for the crime, nature of the offence and all other attendant circumstances."

Haripada Das (Supra)

"...considering the fact that the respondent had already undergone detention for some period and the case is pending for a pretty long time for which he had suffered both financial hardship and mental agony and also considering the fact that he had been released on bail as far back as on 17-1-1986, we feel that the ends of justice will be met in the facts of the case if the sentence is reduced to the period already undergone...."

10. In light of the limited prayer made on behalf of the appellants, and keeping in mind the aforementioned precedent laws, the present appeal is partly allowed. Accordingly, while maintaining the appellants' conviction under Sections 326 & 326/34 IPC, as above, the sentence awarded to them is reduced to the period already undergone by them. The appellants are on bail. They need not surrender. Their bail bonds stand discharged accordingly.

11. All pending applications stand disposed of. Record of the learned court below be sent back forthwith.