Manohari vs State of Rajasthan - 2023 Supreme(Raj) 1715

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1715

MAHENDAR KUMAR GOYAL
Manohari – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mayank Kumar Choudhary with Ms. Pooja Choudhary
For the Respondent: Imran Khan, P.P.,

Table of Content
1. conviction under section 304 ipc established. (Para 1 , 2 , 3)
2. argument for sentence reduction due to age and time served. (Para 4 , 5)
3. court considers precedents for sentencing principles. (Para 6 , 7 , 8)
4. application of precedents supports reduction of sentence. (Para 9 , 10)
5. final ruling alters sentence to time served and discharges bail. (Para 11 , 12)

JUDGMENT :

MAHENDAR KUMAR GOYAL, J.:— This criminal appeal has been preferred against the judgment dated 31.10.1987 passed by the learned Additional Sessions Judge, Dausa, District Jaipur (for brevity “the learned trial Court”) in Sessions Case No. 32/1984 : State of Rajasthan v. Manohari, whereby, the accused-appellant (for brevity, “the appellant”) has been convicted and sentenced as under:—

Under Section 304 Part II IPC:— 5 years’ rigorous imprisonment with fine of Rs. 4,000/-; in default thereof, one and half years’ rigorous imprisonment.

2. The relevant facts in brief are that a written report dated 13.04.1984 (Exhibit-P-2) came to be lodged by complainant Shri Phoolchand (PW-2) with the Police Station Manpur, District Jaipur alleging therein that the appellant has inflicted a lathi blow on the head o

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