HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Gokla – Appellant
Versus
State – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1. Learned Public Prosecutor submits a report in which it has been mentioned that petitioner No.1-Gokla S/o Dana Ji expired. The said report is hereby taken on record.
2. Hence, the criminal revision petition in respect of petitioner No.1-Gokla S/o Dana Ji is dismissed as abated.
3. So far as Petitioner No.2 is concerned, by way of filing the instant criminal revision petition, a challenge has been made to the order dated 05.08.2006 passed by learned Additional Sessions Judge, Aburoad, District Sirohi in Criminal Appeal No.11/2005 whereby the learned appellate Court dismissed the appeal filed against the judgment of conviction dated 21.07.2005 passed by learned Judicial Magistrate, First Class Pindwara, District Sirohi in Criminal Regular Case No.193/2001 by which the learned trial Judge convicted and sentenced the petitioners as under:-
| Offence | Sentence |
| Section 332 IPC | Two years’SI |
| Section 353 IPC | One years’ SI |
4. All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.
5. The gist of the prosecution story is that on 08.04.2001, complainant – Hem Singh submitted a written report to
The court maintained the conviction but modified the sentence for the accused based on mitigating factors, including time served and personal circumstances.
The court upheld the conviction but modified the sentence to the time already served, emphasizing justice must consider the accused's circumstances and hardships.
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 can reduce the sentence to the period already served, considering the time spent in custody and the mental trauma of a protracted trial.
The court may reduce a sentence to the period already served, considering the time spent in incarceration and the circumstances of the case.
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 may reduce a sentence based on time served and the circumstances of the case while maintaining the conviction.
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 but modified the sentence to time served, considering the petitioner's socio-economic status and the duration of legal proceedings.
The court upheld the conviction for negligent driving but reduced the sentence to the time already served, considering the petitioner's age and circumstances.
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