Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
HURMA AND ORS. – Appellant
Versus
STATE – Respondent
JUDGMENT :
1. Learned Public Prosecutor submits that the petitioner No.6 – Amra passed away and submitted his death certificate which is hereby taken on record.
2. In these circumstances, the present criminal revision petition in respect of petitioner No.6 - Amra is dismissed as abated.
3. By way of filing the instant criminal revision petition, a challenge has been made to the order dated 21.08.2007 passed by learned Sessions Judge, Dungarpur in Criminal Appeal No.04/2002 whereby the learned appellate Court dismissed the appeal filed against the judgment of conviction dated 15.12.2001 passed by the learned Chief Judicial Magistrate, Dungarpur in Regular Criminal Case No.79/1997 by which the learned trial Judge convicted and sentenced the petitioner No.1 - Hurma as under:-
| Offence | Sentence | Fine | Sentence in default of fine |
| Section 326 IPC | 3 years’ RI | Rs.500/- | 1 month’s SI |
| Section 324 IPC | 2 years’ RI | Rs.500/- | 1 month’s SI |
| Section 323 IPC | 1 year’s RI | Rs.500/- | 1 month’s SI |
| Section 148 IPC | 1 year’s RI | Rs.500/- | 1 month’s SI |
The petitioners No.2 to 5 were convicted and sentenced as under:-
| Offence | Sentence | Fine | Sentence in default of fine |
| Section 326/149 IPC | 3 years’ RI | Rs.500/- | 1 month’s SI |
| Section 324/149 IPC | 2 years’ R | ||
The court modified the sentence to the time already served, considering the petitioners' socio-economic status and the lengthy trial process.
The court can reduce a sentence to the time already served when considering the circumstances of prolonged trials and the time spent in custody.
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 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 upheld the conviction but modified the sentence to the time already served, considering the petitioner's long trial and personal hardships.
The court may reduce a sentence based on the time already served and the mental distress experienced during protracted trials, 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 upheld the conviction but modified the sentence to the time already served, emphasizing justice must consider the accused's circumstances and hardships.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
