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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
PHOOL CHAND – Appellant
Versus
STATE – Respondent
Order :
1. Instant revision petition under Section 397 /401 Cr.P.C . has been filed by the petitioner challenging the judgment dated 15.03.2005 passed by learned Addl. Sessions Judge No.1, Chittorgarh, (hereinafter referred to as ‘the appellate court’) in Criminal Appeal No.68/2004 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 08.10.2004 passed by the learned Judicial Magistrate Chittorgarh, (hereinafter referred to as ‘the trial court’) in Regular Criminal Case No.229/2003 & Old No.152/1999, whereby, the learned trial court convicted the present petitioner for offence under Section 326 IPC and sentenced him for a period of three years S.I. and a fine of Rs.3,000/- and in default of payment of fine, he shall further undergone three months’ S.I.
2. Brief facts of the case are that on 16.06.1999 complainant Shambhu Lal gave a report at Police Station Chanderiya to the effect that at about 3.40 P.M. when he came to Chanderiya for the work then petitioner Phool Chand Jat bite him on his nose and took his bicycle. On this report, the police registered the case against accused-petitioner for offence under Sections 341 & 324 IPC and sta
The court can reduce a sentence to the time already served, considering the duration of trial and incarceration, while maintaining the conviction.
The court can reduce sentences based on the duration already served and circumstances surrounding the case, while maintaining the conviction and fine imposed.
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 based on the time already served and the circumstances surrounding the case, even when the conviction is upheld.
The court has the discretion to reduce a sentence based on the time already served and the overall circumstances of the case.
The court upheld the conviction under Section 379 IPC but reduced the sentence to the period already served, considering the time spent in custody and the circumstances of the case.
The court can reduce a sentence to the time already served when considering the duration of custody and the circumstances of the case.
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.
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