FARJAND ALI
Sita Ram S/o Bhuana – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. The appellants have preferred the instant appeal under Section 374(1) of the CrPC being aggrieved of the judgment dated 11.12.1993 passed by the learned Additional Sessions Judge, Bhilwara, Camp Shahpura in Sessions Case No.25/1990, whereby all the appellants have been convicted for the offences under Section 325 read with Section 149 of the IPC and 323 read with Section 149 of the IPC. Further the appellants Gheesa, Jagdish, Jamna Lal, Sita Ram and Ram Kuaar have been convicted for the offence under Section 148 of the IPC and appellants Bhoora Lal, Mst. Omkari and Mst. Mangi have been convicted for the offence under Section 147 of the IPC. The appellants Nos.4 to 8, namely, Mst. Mani, Mst. Omkari, Bhoora Lal, Jagdish and Ram Kuaar, have been ordered to be released on probation, whereas sentences have been awarded to the remaining appellants for their
Offence for which convicted Sentence, Fine and Default Sentence
Section 148 IPC 6 months' rigorous imprisonment alongwith a fine of Rs.500/- and in default of payment of fine, 1 month's simple imprisonment
Section 325 IPC read with Section 149 IPC 3 years' rigorous imprisonment alongwith a fine of Rs.1000/- and in default of
Alister Anthony Pareira vs. State of Maharashtra reported in 2012 2 SCC 648
Haripada Das Vs. State of West Bangal reported in (1998) 9 SCC 678
The court established that sentencing must balance justice, the nature of the offense, and the circumstances of the accused, especially in prolonged cases.
The court upheld the conviction of the accused while reducing the sentence for two petitioners to the period already served, affirming the adequacy of the original sentences.
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