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FARJAND ALI
Indra Raj – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Farjand Ali, J.
The appellant has preferred the instant appeal under Section 374 of the CrPC being aggrieved of the judgment dated 23.02.1995 passed by the learned Special Judge, Schedule Caste and Scheduled Tribe (Prevention of Atrocities) Cases and Additional Sessions Judge, Bikaner in Sessions Case No.54/1990 (69/1989 - old), whereby he has been convicted for the offence under Section 323 of the IPC and sentenced to undergo rigorous imprisonment of one year. He has also been directed to deposit a compensation of Rs.10,000/- to be disbursed to the father of the deceased.
2. Briefly stated, facts relevant and essential for disposal of the case are that on 22.05.1989 at 06.30 p.m. Keshuram S/o Khemaram resident of Kuchor Angooni submitted an oral information at the Police Station Napasar, District Bikaner to the effect that the complainant and his brothers Mani Ram and Surja Ram came back from Bikaner at about 02.30 p.m. and were purchasing vegetables etc. at Napasar Market. At about 04.30 p.m., Indraj S/o Hari Ram Jat, country made liquor contractor, was going from Bus Stand towards Kilchu Road. Mani Ram went to him for liquor and asked him to give a quarter from his sho
The reformation of the appellant during the period of trial and incarceration was a key factor in modifying the quantum of sentences, aligning with the reformative theory of punishment.
The court affirmed the conviction but modified the sentence to time already served, emphasizing reformative justice based on the elapsed time and personal circumstances of the appellants.
The court affirmed the conviction while modifying the sentence based on mitigating factors, emphasizing the need for reformative justice in sentencing after extensive delay in proceedings.
The conviction under Section 324 IPC was affirmed, but the sentence was reduced to the time already served, acknowledging the appellant's age and absence of prior offenses.
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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