PUSHPENDRA SINGH BHATI
Bhanwar Singh – 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 under Section 374 Cr.P.C. has been preferred claiming the following reliefs:
"it is, therefore, prayed that your Lordship's will be pleased to accept this appeal and set aside the conviction and sentence awarded by the learned Additional District and Sessions Judge No. 3, Jodhpur, dated 20.04.93 and accused appellant be acquitted for offence U/s. 307, 324, 323 I.P.C."
3. The matter pertains to an incident which occurred in the year 1989 and the present appeal has been pending since the year 1993.
4. Learned counsel for the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 20.04.1993 passed by the learned Additional Sessions Judge No. 3, Jodhpur in Sessions Case No. 41/89, whereby appellant was convicted for the offences under Sections 307, 324 & 323 of IPC, and sentence awarded to the petitioner were to run concurrently, as under:-
Section 307 IPC: Seven years' R.I. and
Alister Anthony Pareira vs. State of Maharashtra (2012) 2 SCC 648
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'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 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 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 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 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 considered the nature of injuries, discrepancies in evidence, and the time elapsed in granting relief to the appellant.
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 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 emphasized the consideration of the gravity of the crime, motive for the crime, and all other attendant circumstances in determining the appropriate sentence.
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