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PUSHPENDRA SINGH BHATI
Babu Ram – 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. The matter pertains to an incident which occurred in the year 1989 and the present criminal appeal is pending since the year 1993.
3. This criminal appeal under Section 374(2) Cr.P.C. has been preferred against the judgment dated 19.08.1993 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur in Sessions Case No. 26/92, whereby appellant No. 1-Babu Ram was convicted under Section 304 Part II IPC and was sentenced to undergo seven years rigorous imprisonment, alongwith fine of Rs. 500/-, in default of payment of fine to undergo further two and a half months rigorous imprisonment; fine of Rs. 200/- for the offence under Section 447 IPC, in default, to undergo one month's simple imprisonment and; for the offence under Section 4/25 was sentenced to undergo one year simple imprisonment alongwith a fine of Rs. 250, in default of payment of fine to undergo further one and a half months simple imprisonment. Appe
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 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 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 nature of injuries, discrepancies in evidence, and the time elapsed in granting relief to the appellant.
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