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MANOJ KUMAR GARG
Ramzan @ Bhike Khan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. Instant criminal appeal has been filed by the appellants against the judgment dated 06.03.2018 passed by learned Additional Session Judge No. 6, Jodhpur Metropolitan, in Session Case No. 23/2015 (NCV No. 94/2016) by which the learned Judge convicted and sentenced the each appellants as under:
| S. No. | Offence | Sentence | Fine | Sentence in default of fine |
| 1. | 323/34 IPC | 6 months’ SI | Rs. 500/- | 7 days’ SI |
| 2. | 324/34 IPC | 2 years’ SI | Rs. 1,000/- | 7 days’ SI |
| 3. | 325/34 IPC | 2 years’ SI | Rs. 2,000/- | 1 month SI |
| 4. | 326/34 IPC | 3 years’ SI | Rs. 5,000/- | 3 months’ SI |
2. All the sentences were ordered to run concurrently.
3. Brief facts of the case are that on 13.01.2015, complainant Mukhtiyar Ahmed gave parcha bayan to SHO, Soorsagar at MDM Hospital, Jodhpur to the effect that on 13.01.2015, when he was going for Namaz on his motorcycle, the accused persons came armed with deadly weapons like sword, lathi, iron rod, knife, bat etc. and attacked him. During the scuffle, he received severe injuries on his body. On this report, Police registered a case against the accused persons and started investigation.
4. On completio
The court may reduce a sentence based on compromise and time served while maintaining the conviction in criminal cases.
The court may reduce a sentence based on the time already served and the circumstances of the case, while maintaining the conviction.
The court can reduce a sentence to the period already undergone when considering the circumstances of the case and the mental trauma experienced by the appellants.
The court may reduce a sentence to the period already undergone considering the time served and circumstances of the case.
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 may reduce a sentence based on the time already served and the circumstances surrounding the case, even when the conviction is upheld.
The court can reduce the sentence to the period already served, considering the time spent in custody and the mental trauma of a protracted trial.
The court may reduce a sentence to the time already served when considering the circumstances of the case and the mental trauma endured during protracted trials.
The court has the discretion to consider the time already undergone and the mental agony of protracted trial in reducing the sentence of the accused.
The court has the discretion to consider the appellant's time already spent in incarceration and the overall circumstances to modify the sentence while maintaining the conviction.
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