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MAHENDAR KUMAR GOYAL
Nanag Ram son of Shri Mam Raj – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. These criminal appeals have been preferred by the four accused-appellants namely Nanag Ram, Mahavir, Shri Krishan @ Ram Kishan & Shri Kanti.
2. As per the report dated 16.08.2023 furnished by the Station House Officer, Police Station Shahjahanpur, District Bhiwadi, Rajasthan, Nanag Ram & Shri Kanti have expired. The report is accompanied with a certificate dated 16.08.2023 furnished by the Sarpanch, Gram Panchayat Shahjahanpur and death certificate dated 27.04.2022 of Kanti.
3. In view thereof, these appeals stand abated qua Nanag Ram & Shri Kanti and are, now, confined to the accused-appellants-Mahavir & Shri Krishan @ Ram Kishan (for brevity “the appellants”).
4. These criminal appeals have been preferred against the judgment dated 30.11.1988 passed by the learned Additional Sessions Judge No.2, Alwar (hereinafter referred to as “the learned trial Court”) in Sessions Case No.39/83 (28/82) whereby, while convicting the appellants, they have been sentenced as under:-
| (i). | Under Section 148 IPC | 1 year’s rigorous imprisonment with fine of Rs. 100/-; in defau |
Hurt and intentional insult – Benefit of probation can be extended to accused if he has unblemished past otherwise.
The main legal point established in the judgment is the court's discretion to extend the benefit of probation to offenders under Section 4 of the Probation of Offenders Act, 1958, based on the circum....
The Court emphasized the reformative purpose of the Probation of Offenders Act, allowing convicted individuals to benefit from probation over imprisonment due to the long delay in proceedings and lac....
The court emphasized the importance of rehabilitation for first-time offenders, allowing probation under the Probation of Offenders Act.
Courts mandatorily consider probation for eligible offences under three years' imprisonment, recording reasons for denial; long pendency, no antecedents justify reformatory release over punishment.
The court established that probation can be granted under the Probation of Offenders Act, 1958, even for older offenders, emphasizing rehabilitation over punishment.
The main legal point established in the judgment is the court's discretion to grant the benefit of probation under the Probation of Offenders Act, 1958, based on the circumstances of the case, the na....
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