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FARJAND ALI
Ram Niwas S/o Shri Jagga Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
FARJAND ALI, J.
1. The appellants have preferred the instant appeal under Section 374(2) of the Cr.P.C. being aggrieved of the judgment dated 27.04.1994 passed by the learned Additional Sessions Judge, Churu in Sessions Case No. 126/1992, whereby they have been convicted and sentenced as under:
| Name of the appellant | Offence for which convicted | Sentence of imprisonment, fine and default sentence |
| Ram Niwas | Section 324 IPC | 9 months' rigorous imprisonment alongwith a fine of Rs. 2,000/- and in default of payment of fine, further to undergo 1 month's simple imprisonment |
| Manni Ram | Section 326 IPC | 2 years' rigorous imprisonment alongwith a fine of Rs. 3,000/- and in default of payment of fine, further to undergo 3 months' simple imprisonment |
2. It is reported that the appellant No. 2 Manni Ram S/o Ganesha Ram has expired. In view of the above, the instant appeal is dismissed as abated to the extent of the appellant No. 2.
3. Briefly stated, facts relevant and essential for disposal of the case are that on 30.01.1991 at 09.45 a.m. inju
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 reformation of the appellant during the period of trial and incarceration was a key factor in modifying the quantum of sentences, aligning with the reformative theory of punishment.
The court affirmed the conviction while modifying the sentence based on mitigating factors, emphasizing the need for reformative justice in sentencing after extensive delay in proceedings.
The court may reduce a sentence to the period already undergone when considering the time served and mental trauma, while upholding the conviction under relevant laws.
The conviction under Section 324 IPC was affirmed, but the sentence was reduced to the time already served, acknowledging the appellant's age and absence of prior offenses.
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