PUSHPENDRA SINGH BHATI
Padam Singh – Appellant
Versus
State – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - In 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 Court, for the safety of all concerned.
2. Learned counsel for the appellant submits that the incident in-question is of 26.01.1991 and already 32 years elapsed sine the incident has taken place.
3. Learned counsel for the appellant further submits that appellant No. 3 Kamal Singh and appellant No. 4 Mool singh have already expired, which is also verified by the Public Prosecutor.
4. Thus, the present appeal to the extent of appellants No. 3 and 4 stands abated.
5. Learned counsel for the appellants No. 1 and 2 submits that appeal survives only to the extent of appellant No. 1 and 2. The appellant No. 1 has been convicted under Section 307 & 323/34 of IPC and appellant No. 2 has been given the benefit of Section 3 of Probation of Offenders Act. Thus, learned counsel for the appellant submits that his focal arguments is for appellant No. 1, who has been sentenced to four years imprisonment.
6. Learned counsel for the petitioner has drawn attention of this court towards the injury report, whi
Alister Anthony Pareira vs. State of Maharashtra (2012) 2 SCC 648
The Court considered the nature of injuries, discrepancies in evidence, and the time elapsed in granting relief to 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 applied the principles of sentencing policy and the need for timely treatment of injuries in determining the appropriate sentence for the appellant.
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 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 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.
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