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FARJAND ALI
Heera Lal S/o. Hasta Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. The instant appeal under Section 374 (2) Cr.P.C. has been filed by the accused-appellants against the judgment dated 15.09.1998 passed by the learned District & Sessions Judge, Bikaner in Sessions Case No.27/1998 whereby the learned Judge convicted and sentenced the accused as under:-
| Name of the accused | Offence for which convicted | Substantive sentence | Fine and default sentence |
| Heera Lal | Section 451 IPC | Six months’ RI | Fine of Rs.100/- and in default of payment of fine, to further undergo 15 days RI |
| Section 323 IPC | Three months’ RI | Fine of Rs.50/- and in default of payment of fine, to further undergo 7 days RI | |
| Smt. Pushpa | Section 326 IPC | Seven years’ RI | Fine of Rs.100/- and in default of payment of fine, to further undergo 15 days RI |
| Section 451 IPC | Six months’ RI | Fine of Rs.100/- and in default of payment of fine, to further undergo 15 days RI |
2. Succinctly stated the
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.
The court's decision was influenced by the gravity of the crime, motive for the crime, nature of the offence, and all other attendant circumstances in reaching its decision to partially allow the app....
The principle of proportionality in determining the quantum of sentence and the emphasis on reformation of the accused as a means of social defense.
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.
The court applied the principles of deterrence and correction in sentencing policy to reduce the appellants' sentence to 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.
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