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MANOJ KUMAR GARG
Karan Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The criminal revision petition under Section 397 Cr.P.C. has been filed by the petitioners challenging the judgment dated 10.05.2002 passed by the learned Additional Sessions Judge, Bali in Criminal Appeal No. 8/1998, vide which, the learned appellate court upheld the conviction and sentence of the petitioners as recorded by learned Judicial Magistrate, First Class, Sumerpur in Criminal Case No. 335/1992. The trial court convicted the petitioners for offence under Sections 147 , 447 IPC and sentenced them to undergo 1 year simple imprisonment for offence under Section 147 IPC and 3 months simple imprisonment for offence under Section 447 IPC along with fine of Rs.500/- each; in default to further undergo 1 month's simple imprisonment on both counts.
2. Briefly stated facts of the case are that one Smt. Jarha Kanwar submitted a report at Police Station Sanderao on 28.05.1992 alleging inter alia therein that on 27.05.1992 at 7 p.m, accused-petitioners along with Hempal Singh, Mukand Singh and two other persons came to her leased and occupied plot with Koont and Bevel (a kind of native tools) and started cutting the babool trees. The complainant and her daughter Naresh Kanwar
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 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.
Sentencing must consider the offender's circumstances and the duration of trial, ensuring justice is served without unnecessary incarceration.
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 can reduce a sentence to the time already served, considering the duration of trial and incarceration, while maintaining the conviction.
The court established that in cases of prolonged trials, the time served and the mental impact on the accused should be significant factors in determining the appropriateness of the sentence.
The court established that sentencing must balance justice, the nature of the offense, and the circumstances of the accused, especially in prolonged cases.
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