FARJAND ALI
Abdul Gani – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
By way of filing the instant Criminal Revision Petition challenge has been made to the judgement dated 11.06.2002 passed by the learned Additional Sessions Judge, No.1, Udaipur in Criminal appeal No.15/2001, whereby the learned appellate court affirmed the judgement of conviction and order of sentence dated 03.11.2000 passed by learned Additional Chief Judicial Magistrate, Mawali, District Udaipur in Criminal Regular Case No.65/1994; whereby the petitioner has been convicted and sentenced as under :-
| Offence for which convicted | Sentence, fine and default sentence |
| Section 304-A of the IPC | One year's rigorous imprisonment along with a fine of Rs.1, 000/- and in default of payment of fine, further to undergo simple imprisonment of one month. |
| Section 338 of the IPC | Six months' rigorous imprisonment along with a fine of Rs.500/- and in default of payment of fine, further to undergo simple imprisonment of fifteen days |
| Section 337 of the IPC | Three months' rigorous imprisonment along with a fine of Rs.500/- and in default of payment of fine, further to undergo simple imprisonment of seven days |
2. B
The court established that while the conviction for negligent driving resulting in death and injury was warranted, sentencing should consider the individual circumstances of the offender, including a....
The court upheld the conviction but modified the sentence to the time already served, emphasizing justice and the petitioner's age and circumstances.
The court affirmed the conviction but modified the sentence to the time already served, emphasizing the need for a just and reasonable sentence considering the petitioner's circumstances.
The court modified the sentence to the time already served, emphasizing justice and considering the petitioner's age and hardships.
The court established that in cases of negligence leading to death, the sentence can be adjusted based on the defendant's personal circumstances and the duration of the legal proceedings.
The court affirmed the conviction but modified the sentence to reflect the time served, considering the petitioner's personal circumstances and hardships.
The court considered the circumstances of the petitioner and previous case law to reduce the sentence.
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