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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
BHUWAN GOYAL
Prem Shankar@Premkumar – Appellant
Versus
State Of Rajasthan – Respondent
Order :
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- Prem Shankar @ Premkumar against Judgment and Order dated 05.07.2014 passed by Additional Sessions Judge, Lalsot, District Dausa (hereinafter referred to as "appellate court") in Criminal Appeal No. 11/2013 (Prem Shankar @ Premkumar vs. State of Rajasthan) vide which criminal appeal filed by the accused-petitioner against the Judgment and Order of Sentence dated 02.06.2012 passed by Judicial Magistrate First Class, Lalsot, District Dausa (hereinafter referred to as "trial court") convicting and sentencing him for the offences under sections 279, 337 & 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 S.I | Rs. 1000/- | 15 Days S.I |
| u/s 337 IPC | 6 Months S.I | Rs. 500/- | 10 Days S.I |
| u/s 304-A IPC | 2 years S.I | Rs. 2000/- | 15 days S.I |
| u/s 134/187 M.V Act | 1 month S.I | Rs. 100/- | 2 Days 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 complaina
The court modified the sentence of the accused due to prolonged trial and personal circumstances, affirming the conviction while ensuring justice is served.
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 for the accused-petitioner to the period already undergone, emphasizing the need for justice considering the lengthy trial and personal circumstances.
Court upheld conviction for reckless driving but modified sentence based on humanitarian grounds considering age and time served.
Sentencing must consider the offender's circumstances and the duration of trial, ensuring justice is served without unnecessary incarceration.
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 balanced corrective and deterrence theories in sentencing, considering mitigating circumstances and the nature of the offense.
The court confirmed earlier convictions while modifying the sentence to a fine based on the elapsed time since the offence.
The main legal point established is that the conviction for rash and negligent driving was upheld based on the evidence of injured witnesses and documentary evidence, while the offence under Section ....
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