HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Shyam Lal – Appellant
Versus
State – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
1. None appears on behalf of the petitioner even in the second round, therefore, learned counsel Mr. Kuldeep Sharma is appointed as amicus curiae in this matter. The remuneration to the amicus curiae shall be paid by Rajasthan State Legal Services Authority, Jodhpur.
2. Learned Public Prosecutor submitted a report received from Police Station Sadar Pali, District Pali wherein it is mentioned that the petitioner Shyamlal is alive.
3. Heard.
4. By way of filing the instant criminal revision petition, a challenge has been made to the order dated 23.06.2004 passed by learned Sessions Judge, Pali in Criminal Appeal No.7/2004 whereby the learned appellate Court rejected the appeal filed against the judgment of conviction dated 07.01.2004 passed by the learned Additional Chief Judicial Magistrate (S.D.), Pali in Criminal Case No.22/2003 whereby learned trial Judge convicted and sentenced the petitioner as under:-
| Offence | Sentence | Fine | Sentence in default of fine |
| Section 279 IPC | 1 month S.I. | Rs.100/- | 15 days’ S.I. |
| Section 337 IPC | 1 month S.I. | Rs.100/- | 15 days’ S.I. |
| Section 338 IPC | 3 months’ S.I. | Rs.200/- | 1 month S.I. |
| Section 304-A IPC | 6 months’ S.I. | Rs.5,000/- | 2 months’ S.I. |
5. All t
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 but modified the sentence to time already served, emphasizing justice and leniency due to the petitioner's long-standing trial and personal circumstances.
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 for negligent driving but reduced the sentence based on the time served and the petitioner's societal status and financial hardship.
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 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 may reduce a sentence to the period already served, considering the duration of incarceration and the circumstances surrounding the case.
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.
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