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FARJAND ALI
Mukh Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The instant criminal revision petition under Section 397 /401 CrPC has been preferred by the appellants to challenge the judgment dated 17.10.2019 passed by the learned Additional Sessions Judge, Churu, whereby he dismissed Criminal Appeal No.46/2016 preferred by the accused appellants and affirmed the judgment of conviction and order of sentence dated 12.02.2015 passed by the learned Chief Judicial Magistrate, Churu in Criminal Case No.878/2011, whereby they were convicted for the offences under Sections 34 1, 323/34, 324/34 and 325/34 of the IPC, however, instead of sending them to jail, they were granted the benefit of probation under section 4 of the Probation of Offenders Act and it was directed that they shall remain on probation for a period of two years subject to furnishing a personal bond of Rs.10,000/- and a surety in the like amount and further under section 5 of the Probation of Offenders Act, each of the accused appellant was directed to deposit a sum of Rs.25,000/- (in total Rs.75,000/-) to be disbursed to the complainant as compensation.
2. Succinctly stating facts of the case are that on 26.01.2009 at 05.15 p.m., complainant Omprakash submitted
The main legal point established in the judgment is the reliance on reliable evidence, consideration of the circumstances, and the imposition of appropriate sentences and fines.
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....
The main legal point established in the judgment is the influence of settlements between parties on the reduction of sentences for certain offences, as well as the consideration of the nature of the ....
The appellate court upheld the conviction under IPC but granted probation, emphasizing the absence of criminal history and the protracted trial as mitigating factors.
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