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MANOJ KUMAR GARG
Sale Mohd. – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instant revision petition has been filed by the petitioner challenging the judgment dated 24.09.2002 passed in Cr. Appeal No. 04/2002 by learned Addl. Sessions Judge, Phalodi (hereinafter referred to as 'the appellate court') by which the appellate court while dismissing the petitioner's appeal, upheld the judgment dated 05.06.2002 passed in Cr. Case No. 204/1996 by learned Addl. Chief Judicial Magistrate, Phalodi (hereinafter referred to as 'the trial court') whereby, the learned trial court court convicted and sentenced the present petitioner as under :
| Offence under section 323/34 IPC | Three months' S.I. |
| Offence under section 326 IPC | Three years R.I. and a fine of Rs.1,000/-, in default of payment of fine, to further undergo one month's S.I. |
2. All the sentences were ordered to run concurrently.
3. Brief facts of the case are that on 19.12.1995, complainant Fazal Khan submitted a written report to SHO, Lohawat inter-alia alleging therein that today at about 3:30 PM accused persons namely Nehaldeen, Sale Mohd. Sayar Khan, Hamid Khan came to his field armed with Dhariya and lathies and gave beating to him. When his son Ibrahim came to rescue him, then
The court can reduce sentences based on the duration already served and circumstances surrounding the case, while maintaining the conviction and fine imposed.
The court can reduce a sentence to the time already served, considering the duration of trial and incarceration, while maintaining the conviction.
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 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 can reduce a sentence to the time already served when considering the duration of custody and the circumstances of the case.
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 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 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 a sentence based on time served and overall circumstances, even while maintaining a conviction.
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