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MANOJ KUMAR GARG
Satyapal S/o Shri Shankar Lal Bishnoi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
1. The petitioner has filed the present criminal revision petition being aggrieved by the judgment dated 04.06.2022 passed by the learned Additional Sessions Judge No. 2, Sriganganagar in Appeal No. 78/2018 whereby, the appellate court partly allowed the appeal and while upholding the conviction against the respondents for offence under Section 341, 323, 325 IPC passed by Judicial Magistrate No. 1, Sriganganagar in Criminal Case No. 57/2000, granted the benefit of probation under Section 4 & 5 of Probation of Offenders Act.
2. Briefly, the facts of the case are that the petitioner complainant lodged a written report before SHO, Police station Purani Abadi, Sriganganagar to the effect that on 01.02.2000 when he alongwith his father were going to the school with regard to transfer of his father, at that time, Ram Kumar Patwari and his son Vijendra Kumar armed with lathi attacked them and inflicted injuries to father.
3. On this report, the FIR was registered and the police started investigation. After investigation, the police filed challan against the accused respondent for offence under Sections 341, 323, 325 IPC. Thereafter, charges were framed against
The appellate court upheld the conviction under IPC but granted probation, emphasizing the absence of criminal history and the protracted trial as mitigating factors.
The prosecution must prove its case beyond reasonable doubt for conviction, and the courts below correctly applied the law in granting probation under the Probation of Offenders Act.
The appellate court's decision to grant probation was upheld, emphasizing the consideration of the offenders' circumstances and the nature of the offence in sentencing.
The court upheld the conviction but modified the sentence to the time already served, emphasizing justice must consider the accused's circumstances and hardships.
Section 4 of Probation of Offenders Act power of Court to release certain offenders on probation of good conduct.
The appellate court's decision to grant probation to convicted offenders was upheld as just and proper, despite the petitioners' claims of sufficient evidence against them.
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 to the time already served when considering the circumstances of the case and the mental trauma endured during protracted trials.
The court upheld the conviction of the accused while reducing the sentence for two petitioners to the period already served, affirming the adequacy of the original sentences.
The court maintained the conviction but modified the sentence for the accused based on mitigating factors, including time served and personal circumstances.
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