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MANOJ KUMAR GARG
Laluram @ Pappu S/o Sh. Kesulal Meena – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 21.12.2023 passed by learned Additional Sessions Judge No.2, Udaipur in Session Case No.241/2020 by which the learned Judge convicted the appellant for offence under Sections 307, 326, 324 & 448 IPC and Section 4/25 of Arms Act and sentenced him as under :
| Offence | Sentence | Fine & default sentence |
| Sec. 307 IPC | 10 years SI | Rs.25,000/- & in default of payment, undergo 2 months Addl. SI |
| Sec. 326 IPC | 7 years SI | Rs.5,000/- & in default of payment, undergo 1 month Addl. SI |
| Sec. 324 IPC | 2 years SI | Rs.500/- & in default of payment, undergo 7 days Addl. SI |
| Sec 448 IPC | 1 year SI | -- |
| Sec. 4/25 of Arms | Act 3 years | SIRs.2,000/- & in default of payment, undergo 15 days Addl. SI |
All the sentences were ordered to run concurrently.
2. Brief facts of the case are that on 30.06.2020, complainant Mohanlal gave information to Harmerlal, ASI, PS Hiran Magri at Maharana Bhupal Hospital, Udaipur to the effect that he has three sisters and his younger siste
The court may reduce a sentence to the period already undergone considering the time served and circumstances of the case.
The court may reduce a sentence based on compromise and time served while maintaining the conviction in criminal cases.
The court may reduce a sentence based on the time already served and the circumstances of the case, while maintaining the conviction.
The court can reduce a sentence based on the time already served and the circumstances surrounding the case, even when upholding a conviction.
The court established that in sentencing young offenders, factors such as age, prior criminal history, and time served should be considered to promote rehabilitation.
The court upheld the conviction under Section 304 Part-II IPC but reduced the sentence to the time already served, considering the appellant's incarceration and circumstances of the case.
The main legal point established in the judgment is the court's discretion to reduce the sentence to the period already undergone by the petitioners while maintaining the amount of fine, considering ....
The court can reduce a sentence to the time already served when considering prolonged trials and the age of the petitioner, while upholding the conviction.
The court can reduce a sentence to the period already undergone when considering the circumstances of the case and the mental trauma experienced by the appellants.
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