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PUSHPENDRA SINGH BHATI
Poona – Appellant
Versus
State – 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 has been preferred under Section 374(2) Cr.P.C. praying that the judgment dated 15.09.1990 passed by the learned Sessions Court, Nagaur, in Sessions Case No. 12/1989, whereby the appellants were convicted under Section 304 Part II I.P.C. read with Section 34 I.P.C. and were sentenced to undergo 7 years R.I. each, be quashed and set aside.
3. The matter pertains to an incident that had occurred in the year 1988 and the present appeal has been pending since the year 1990.
4. Brief facts of this case, as placed before this Court by learned counsel for the appellants, are that at Village Khatoda, District Nagaur, at Khasra No. 215, of which, as per the revenue records, half of the fields/land in question belonged to Mota Ram, Jetha Ram, Lumba Ram @ Poona Ram, who are real brothers, while the other half belonged to Mst. Sherudi, and that Jetha Ram had a Dhani constructed on his part of the land; on 14.12.1988, Jetha Ram,
The benefit of doubt arising from the imbalance in establishing the offence led to the conviction being replaced with a lesser offence, and the sentence was reduced based on the circumstances and pre....
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 main legal point established is the court's wide amplitude of powers under Article 142 of the Constitution, allowing it to quash criminal proceedings beyond the statutory framework, considering t....
The main legal point established in the judgment is the consideration of the intention and knowledge of the accused in causing the death of the deceased, and the application of relevant case laws to ....
The central legal point established in the judgment is the inference of intention to kill based on the circumstances and the consideration of compromise, age, and lack of criminal antecedents in dete....
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