FARJAND ALI
Madan Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The petitioners herein were convicted and sentenced by the learned Judicial Magistrate, Loonkaransar vide judgement dated 23.09.1998 passed in Criminal Regular Case No.172/1991 in the following manner :-
| Offence for which convicted | Sentence, fine and default sentence |
| Section 341 of the IPC | One month's rigorous imprisonment |
| Section 323 of the IPC | Three months' rigorous imprisonment |
| Section 325 of the IPC | Two years' rigorous imprisonment along with a fine of Rs.1, 000/- and in default of payment of fine, further to undergo three months' simple imprisonment |
They preferred an appeal giving challenge to the aforesaid judgement, which came to be partly allowed by the learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases) and Additional Sessions Judge, Bikaner vide judgement dated 03.12.2001 passed in Criminal Appeal No.104/2000, whereby while maintaining the conviction for the above offences, the sentence for the offence under Section 325 of the IPC was reduced to one year's rigorous imprisonment along with a fine of Rs.1, 500/-. Being aggrieved of the aforesaid two judge
The court affirmed the conviction but modified the sentence to duration already served, considering the long trial, the petitioner's age, and societal status.
The court upheld the conviction but modified the sentence to the time already served, emphasizing justice must consider the accused's circumstances and hardships.
The court may reduce a sentence based on the defendant’s age, duration of trial, and absence of prior convictions, emphasizing that punishment should serve justice without compromising societal harmo....
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