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MANOJ KUMAR GARG
Baboo Lal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. By way of filing the instant criminal revision petition, a challenge has been made to the order dated 27.10.2004 passed by the learned Additional District & Sessions Judge, (Fast Track), No. 3 Udaipur Camp Salumber, in Criminal Appeal No. 1/2004 whereby the learned appellate Court dismissed the appeal filed against the judgment of conviction dated 01.03.2000 passed by the learned Judicial Magistrate, 1st Class, Kherwada, District Udaipur in Regular Criminal Case No. 54/1993 by which the learned trial Judge convicted and sentenced the petitioner as under:
| Offence | Sentence | Fine & default sentence |
| Sec. 279 IPC | 6 months' SI | Rs. 1,000/- and in default of payment of fine, 15 days' SI |
| Sec. 304A IPC | 2 years' SI | Rs. 1,000/- and in default of payment of fine, 1 month's SI |
2. Both the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.
3. The gist of the prosecution story is that on 26.11.1992, complainant Dhanraj Patel gave an oral report to the concerned Police Station to the effect that today at about 12 PM, his cousin Kala
The court upheld the conviction but modified the sentence to the time already served, emphasizing justice and the petitioner's age and circumstances.
The court established that while the conviction for negligent driving resulting in death and injury was warranted, sentencing should consider the individual circumstances of the offender, including a....
The court upheld the conviction for negligent driving but reduced the sentence to the time already served, considering the petitioner's age and circumstances.
The court affirmed the conviction but modified the sentence to the time already served, emphasizing the need for a just and reasonable sentence considering the petitioner's circumstances.
The court upheld the conviction but modified the sentence to time served, emphasizing justice and the petitioner's circumstances.
The court upheld the conviction for negligent driving but modified the sentence to the time already served, emphasizing justice and the petitioner's circumstances.
The court established that in cases of negligence leading to death, the sentence can be adjusted based on the defendant's personal circumstances and the duration of the legal proceedings.
The court affirmed the conviction but modified the sentence to reflect the time served, considering the petitioner's personal circumstances and hardships.
Court upheld conviction for reckless driving but modified sentence based on humanitarian grounds considering age and time served.
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