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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Mahaveer Prasad – Appellant
Versus
State – Respondent
Order :
1. By way of filing the instant criminal revision petition, a challenge has been made to the order dated 17.02.2007 passed by the learned Addl. Sessions Judge Gulabpura, Bhilwara (for short, “the appellate Court”) in Criminal Appeal No.16/2004 while rejecting the appeal filed against the judgment of conviction dated 27.03.2004 passed by the learned Addl. Chief Judicial Magistrate Gulabpura, Bhilwara in Criminal Case No.100/1999 by which the learned trial Judge has convicted & sentenced the petitioner as under:-
| Offence | Sentence | Fine & default sentence |
| Sec. 279 IPC | 6 months’ SI | Rs.200/- and in default of payment of fine, one month’s S.I. |
| Sec. 337 IPC | 6 months’ SI | Rs.200/- and in default of payment of fine, one month’s S.I. |
| Sec. 338 IPC | 1 Year’s SI | Rs.300/- and in default of payment of fine, one month’s S.I. |
| Sec. 304-A IPC | 1 Years’ RI | Rs.300/- and in default of payment of fine, one month’s 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 complainant Madan Gopal gave a report to the concerned Police Station to the effect that on 10.03.1999 at about 4:00
The court upheld the conviction but reduced the sentence based on the petitioner's personal circumstances and time served, emphasizing the need for a just punishment.
The court upheld the conviction but modified the sentence to the time already served, considering the petitioner's circumstances and the lengthy trial duration.
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 affirmed the conviction but modified the sentence to reflect the time served, considering the petitioner's personal circumstances and hardships.
Court upheld conviction for reckless driving but modified sentence based on humanitarian grounds considering age and time served.
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 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 upheld the conviction but modified 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 to the time already served, considering the petitioner's age and circumstances.
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