HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
BHUWAN GOYAL
Raja Ram S/o Hari Singh – Appellant
Versus
State – Respondent
ORDER :
BHUWAN GOYAL, J.
1. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, has been filed by the accused-petitioner- Raja Ram against Judgment and Order dated 17.06.2006 passed by Additional Sessions Judge, Kotputli, Jaipur, District Jaipur (hereinafter referred to as "appellate court") in Criminal Appeal No. 04/2003 (Raja Ram vs. State of Rajasthan) vide which criminal appeal filed by the accused-petitioner against the Judgment and Order of Sentence dated 24.01.2003 passed by Additional Chief Judicial Magistrate, Kotputli (hereinafter referred to as "trial court") convicting and sentencing him for the offences under sections 279 & 304-A I.P.C and Section 134/187 of Motor Vehicle Act, was dismissed. The sentence awarded to the petitioner is as under:-
| offence | sentence | fine | sentence in default |
| u/s 279 IPC | 6 Months R.I | Rs. 1000/- | 15 Days S.I |
| u/s 304-A IPC | 1 year R.I | Rs. 1000/- | 15 Days S.I |
| u/s 134/187 M.V Act | 1 Month S.I | ------ | --- |
| (All sentences were ordered to run concurrently) | |||
2. Facts of the case in short are that on the basis of the written report submitted by complainant – Brij Mohan Sharma (P.W. 4) with respect to an incident, which occurre
The court modified the sentence for the accused-petitioner to the period already undergone, emphasizing the need for justice considering the lengthy trial and personal circumstances.
The court modified the sentence for the accused to the period already undergone, considering the lengthy trial and the age of the accused, emphasizing justice over punishment.
The court modified the sentence of the accused due to prolonged trial and personal circumstances, affirming the conviction while ensuring justice is served.
Sentencing must consider the offender's circumstances and the duration of trial, ensuring justice is served without unnecessary incarceration.
Court upheld conviction for reckless driving but modified sentence based on humanitarian grounds considering age and time served.
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