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MANOJ KUMAR GARG
Ramgopal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. Both the criminal revision petitions have been preferred before this Court.
2. Revision No. 897/2019 has been preferred by the complainant for awarding lesser/inadequate sentence to the accused respondents 341, 323/149, 324/149, 365/149, 382, 147 & 148 IPC by the courts below.
3. Revision No. 845/2019 has been preferred by the accused-petitioners challenging the judgment dated 05.07.2019 passed by learned Additional Sessions Judge No. 2, Hanumangarh in Criminal Appeal No. 76/2017 by which the appellate court dismissed the appeal of the accused-petitioners and upheld the judgment dated 15.06.2017 passed by the learned Judicial Magistrate, Pilibanga, District Hanumangarh in Criminal Case No. 481/2006, whereby, the learned trial court convicted and sentenced each of the present accused-petitioners as under:
| S.No. | Offence | Sentence | Fine | Sentence in default of fine |
| 1. | Sec. 341 IPC | 1 months SI | - | - |
| 2. | Sec. 323/149 IPC | 6 months SI | - | - |
| 3. | Sec. 324 IPC | 1 year SI | - | - |
| 4. | Sec. 147 IPC | 6 months SI | - | - |
| 5. | Sec. 148 IPC | 6 months SI | - | - |
| 6. | Sec. 365/149 IPC | 1 year SI | Rs. 1000/- | 15 days SI |
The court upheld the conviction of the accused while reducing the sentence for two petitioners to the period already served, affirming the adequacy of the original sentences.
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 may reduce a sentence based on the time already served and the circumstances surrounding the case, even when the conviction is upheld.
The court established that sentencing must balance justice, the nature of the offense, and the circumstances of the accused, especially in prolonged cases.
The court has the discretion to consider the time already served by the accused and the mental trauma of a protracted trial in deciding the reduction of the substantive sentence while maintaining the....
The court upheld the conviction under Section 379 IPC but reduced the sentence to the period already served, considering the time spent in custody and the circumstances of the case.
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 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 to the period already served, considering the time spent in incarceration and the circumstances of the case.
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