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MAHENDAR KUMAR GOYAL
Rajesh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Mahendar Kumar Goyal, J. - This criminal appeal is filed by the accused-appellant (for brevity, "appellant") against the judgment dated 19.12.1988 passed by learned Special Judge, Dacoiti Affected Area and Additional Sessions Judge, Karoli (for brevity, "learned trial Court") in Sessions Case No.10/1988 whereby, he has been convicted and sentenced as under:
Section 304 part 2 IPC: Seven years' rigorous imprisonment and Rs. 500 fine; in default whereof, three months imprisonment.
2. The relevant facts in brief are that an FIR dated 11.08.1986 (Ex.P-2) came to be registered at Police Station Karoli under Sections 452, 307 and 323 IPC on a written report dated 11.08.1986 (Ex. P1) lodged by Shri Gaya Prasad (PW1)-brother of the deceased Brij Mohan @ Binda. It was stated in the report that the appellant alongwith co-accused persons entered the residential house of his brother Durga Prasad and inflicted lathi blows on the head of Brij Mohan @ Binda resulting into grievous injuries. During the course of investigation, Brij Mohan @ Binda expired whereupon, Section 302 IPC was added. The police after investigation filed charge-sheet against the appellant and co-accused persons for t
The court may reduce a sentence to the period already undergone considering the lengthy pendency of the case and the age of the appellant.
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 may reduce a sentence based on the time already served and the circumstances of the case, while maintaining the conviction.
The court upheld the conviction under Section 304 Part-II IPC but reduced the sentence to the time already served, considering the appellant's incarceration and circumstances of the case.
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 main legal point established in the judgment is the consideration of the intention and knowledge of the accused in causing the death of the deceased, and the application of relevant case laws to ....
The central legal point established in the judgment is the application of sentencing principles, including deterrence and correction, in determining the appropriate sentence for the appellant.
The central legal point established in the judgment is the court's discretion in applying sentencing principles based on the facts and circumstances of each case, as well as the influence of preceden....
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