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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Jai Narayan – Appellant
Versus
State – Respondent
Order :
1. By way of filing the instant criminal revision petition, a challenge has been made to the order dated 10.08.2006 passed by the learned District & Sessions Judge Jaisalmer, (for short, “the appellate Court”) in Criminal Appeal No.13/2004 while rejecting the appeal filed against the judgment of conviction dated 06.04.2004 passed by the learned Civil Judge (J.D.) & Judicial Magistrate Jaisalmer, in Criminal Original Case No.26/2003 by which the learned trial Judge has convicted & sentenced the petitioner as under:-
| Offence | Sentence | Fine & default sentence |
| Sec. 279 IPC | 2 months’ SI | ---- |
| Sec. 304-A IPC | 1 Year’s SI | Rs.500/- and in default of payment of fine, seven days’ S.I. |
2. Both 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 complainant Manoj gave a written report to the concerned Police Station to the effect that on 31.12.2002 he went to Resort for party alongwith Ajay and Manish in his Jeep bearing registration No.RJ-19-T-1938. When they reached near Village Khuhari, a jeep bearing registration No.RJ-15-P-220 drove by the petitioner rashly and neglige
The court upheld the conviction but modified the sentence to the time already served, considering the petitioner's circumstances and the lengthy trial duration.
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The court may reduce a sentence based on the accused's age, hardship, and the duration of the trial, while maintaining the conviction.
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 affirmed the conviction but modified the sentence to reflect the time served, considering the petitioner's personal circumstances and hardships.
The court upheld the conviction for negligent driving but reduced the sentence to the time already served, considering the petitioner's age and circumstances.
Court upheld conviction for reckless driving but modified sentence based on humanitarian grounds considering age and time served.
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 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 modified the sentence to the time already served, emphasizing justice and considering the petitioner's age and hardships.
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