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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Mohan Lal – Appellant
Versus
State – Respondent
Judgment :
MANOJ KUMAR GARG, J.
1. By way of filing the instant criminal revision petition, a challenge has been made to the order dated 08.08.2006 passed by the learned Session Judge, Balotra, District Barmer, in Criminal Appeal No.07/2004 whereby the learned appellate court partly allowed the appeal of the petitioner and while acquitting the petitioner for offences under Section 132/187 of MV Act , maintained his conviction and sentence for offences under Sections Sections 279, 304-A , 337 & 338 of IPC and Section 134/187 of the MV Act as awarded by the learned Judicial Magistrate, Balotra, District Barmer vide judgment dated 04.08.2004 passed in Criminal Original Case No.305/2000. The details of the conviction and sentence of the petitioner are as under :-
| Offence | Sentence | Fine & default sentence |
| Sec. 279 of IPC | 6 months’ RI | - |
| Sec. 304-A of IPC | 2 years’ RI | Rs.1,000/- and in default of payment of fine, two months’ SI |
| Sec. 337 of IPC | 3 months’ RI | - |
| Sec. 338 of IPC | 1 year’s RI | - |
| Sec. 134/187 of MV Act | 3 months’ SI | - |
2. All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.
3. Briefly stated the facts of the case are tha
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 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 but modified the sentence to the time already served, considering the petitioner's circumstances and the lengthy trial duration.
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 upheld the conviction for negligent driving but reduced the sentence to the time already served, considering the petitioner's age and 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 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 for negligent driving but modified the sentence to the time already served, emphasizing justice and the petitioner's circumstances.
The court upheld the conviction but modified the sentence to the time already served, emphasizing justice and the petitioner's age and circumstances.
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