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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Mohar Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
(MANOJ KUMAR GARG, J.)
1. Instant criminal appeal has been filed by the appellants against the judgment dated 20.07.2024 passed by learned Sessions Judge, Churu in Sessions Case No.57/2019 by which the learned Judge convicted and sentenced the appellants as under :
| S.No. | Offence | Sentence | Fine | Sentence in default of fine |
| 1. | 341 IPC | 1 month S.I. | Rs.500/- | 7 days’ S.I. |
| 2. | 323 IPC | 6 months’ S.I. | Rs.500/- | 1 month S.I. |
| 3. | 324 IPC | 1 year S.I. | Rs.1,000/- | 3 months’ S.I. |
| 4. | 325 IPC | 2 years’ R.I. | Rs.1,000/- | 6 months’ 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. Brief facts of the case are that on 12.07.2018, injured Rakesh gave a Parcha Bayan alleging that he was going to his village Ghameri by a private bus. At about 01:30 PM, the bus was stopped by four motorcycles near Gajsar and 10-11 persons entered the bus with an intention to kill the injured. Out of total attackers, Moolaram, Moharsingh, Imichand & Subhash were known to the injured and all of them assaulted the injured Rakesh with deadly weapons due to which, he received grievous injuries. On this report, Police registered a case against the accused
The court can reduce a sentence to the period already undergone when considering the circumstances of the case and the mental trauma experienced by the appellants.
The court may reduce a sentence based on the time already served and the circumstances of the case, while maintaining the conviction.
The court may reduce a sentence based on compromise and time served while maintaining the conviction in criminal cases.
The court upheld the conviction under Section 304 Part-II IPC but reduced the sentence to the time already served, considering the appellant's incarceration and circumstances of the case.
The court has the discretion to consider the appellant's time already spent in incarceration and the overall circumstances to modify the sentence while maintaining the conviction.
The court may reduce a sentence based on the time already served and the circumstances surrounding the case, even when the conviction is upheld.
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 may reduce a sentence to the time already served when considering the circumstances of the case and the mental trauma endured during protracted trials.
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 duration of incarceration and the circumstances surrounding the case.
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