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MANOJ KUMAR GARG
Gopal – 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 14.09.2004 passed by the learned Additional Sessions Judge & Special Judge, SC/ST (Prevention of Atrocities Cases), Pratapgarh in Criminal Appeal No. 28/2004 whereby the learned appellate Court dismissed the appeal filed against the judgment of conviction dated 20.11.2003 passed by the learned Additional Chief Judicial Magistrate, Pratapgarh in Criminal Case No. 105/1992 by which the learned trial Judge convicted and sentenced the petitioner as under:
| Offence | Sentence | Fine & default sentence |
| Sec. 279 IPC | 3 months' SI | Rs. 200/- and in default of payment of fine, 10 days' SI |
| Sec. 337 IPC | 3 months' SI | Rs. 200/- and in default of payment of fine, 10 days' SI |
| Sec. 338 IPC | 6 months' SI | Rs. 200/- and in default of payment of fine, 10 days' SI |
| Sec. 304A IPC | 1 year's SI | Rs. 5,000/- and in default of payment of fine, 3 months' SI |
| Sec. 134/187 MV Act | --- | Rs. 200/- and in default of payment of fine, 10 days' SI |
2. All the sentences were ordered to run concurrently and the period
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 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 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 upheld the conviction but modified the sentence to the time already served, emphasizing justice and the petitioner's age and circumstances.
The court upheld the conviction but modified the sentence to time served, emphasizing justice and the petitioner's circumstances.
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 upheld the conviction but modified the sentence to time served, considering the petitioner's socio-economic status and the duration of legal proceedings.
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 can reduce the sentence to the period already served, considering the time spent in custody and the mental trauma of a protracted trial.
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