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MANOJ KUMAR GARG
Banwari Lal S/o Chandmal Brahmin – 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 26.06.2004 passed by learned Additional Sessions Judge No. 1, Chittorgarh in Criminal Appeal No. 17/2004 whereby the learned appellate Court partly allowed the appeal filed against the judgment of conviction dated 25.03.2004 passed by the learned Additional Chief Judicial Magistrate, No. 2, Chittorgarh in Criminal Case No. 137/2002 by which the learned trial Judge convicted and sentenced the petitioner as under:
| Offence | Sentence | Fine | Sentence in default of fine |
| Section 279 IPC | 3 months’ S.I. | Rs. 500/- | 1 month S.I. |
| Section 304A IPC | 2 years’ S.I. | Rs. 1,000/- | 1 month S.I. |
2. All 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 31.05.2002, complainant-Jagdish Chandra gave an oral information that today at about 04:30 PM. he along with his brother Ashok @ Shokin were working at the garage. At that time, a mini truck bearing registration number RJ-05-G-2
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 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 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 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 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 accountability for negligent driving resulting in injury and death is crucial, mitigating factors such as age, social status, and the duration of legal proceedings ca....
The court upheld the conviction for negligent driving but modified the sentence to time already served, considering the petitioner's socio-economic background and the duration of the trial.
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 upheld the conviction but modified the sentence to the time already served, considering the petitioner's age and circumstances.
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