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FARJAND ALI
Bajrang alias Bhaida son of Shri Kana Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. By way of filing the instant Criminal Appeal under Section 374 of the CrPC, the appellants have challenged the judgment dated 12.09.1994 passed by the learned Special Judge, SC/ST Act Cases, Bikaner in Sessions Case No.35/1993, whereby the learned trial court convicted and sentenced them as under :
| Name of the Appellant | Offence for which convicted | Sentence awarded |
| (1) Bajrang alias Bhaida (2) Ramzan | Section 307 IPC | 5 years' R.I. with a fine of Rs.500/- and in default of payment of fine, further R.I. of 1 month |
| Section 324 IPC | 1 year's R.I. with a fine of Rs.500/- and in default of payment of fine, further R.I. of 15 days | |
| Section 323 IPC | 6 months' R.I. with a fine of Rs.250/- and in default of payment of fine, further R.I. of 7 days | |
| Section 447 IPC (Bajrang Singh) Section 447/34 IPC (Ramzan) | 3 months' R.I. with a fine of Rs.100/- and in default of payment of fine, further R.I. of 7 days |
2. Briefly stated, the facts of the case are that on 22.05.1991 at 12.30 a.m., SHO Police Station Nokha received a
The court considered the appellant's age, criminal antecedents, status in society, financial hardship, and mental agony in modifying the quantum of sentence for the offence under Section 326 of the I....
The court's decision emphasized the consideration of witness statements, the nature of the offense, and the age of the appellants in determining the appropriateness of the sentence.
Criminal justice jurisprudence adopted in the country is not retributive but reformative and corrective. At the same time, undue harshness should also be avoided keeping in view the reformative appro....
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 affirmed the conviction but modified the sentence to time already served, emphasizing reformative justice based on the elapsed time and personal circumstances of the appellants.
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