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PUSHPENDRA SINGH BHATI
Chhotu Das – Appellant
Versus
State Of Rajasthan – Respondent
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 w
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.
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....
The court considered the lack of medical evidence and shaky eyewitness testimony in allowing the appellant's prayer to substitute the sentence awarded with 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 key legal point established in the judgment is the court's consideration of the proviso of Section 376 IPC for reducing the sentence based on adequate and special reasons.
The court considered the principles of deterrence and correction in sentencing, and the long pendency of the case and the financial and mental hardship suffered by the appellant in reaching its decis....
The court applied the principles of deterrence and correction in sentencing policy to reduce the appellants' sentence to the period already undergone.
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