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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Balbir Singh alias Vira Singh, S/o. Sita Singh – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. overview of conviction and case details (Para 1 , 2 , 4 , 5 , 6) |
| 2. arguments from appellant and respondent (Para 7 , 8 , 9) |
| 3. court analysis on conviction and sentencing (Para 10 , 11 , 12 , 13) |
| 4. modification of sentencing in light of mitigating circumstances (Para 14) |
| 5. final order of the court (Para 15 , 16 , 17 , 18) |
ORDER :
FARJAND ALI, J.
1. The instant criminal appeal under Section 374 (2) of the CrPC has been preferred assailing the judgment of conviction and order of sentence dated 29.04.1995, passed by the learned Sessions Judge, Sri Ganganagar in Sessions Case No.64/1994.
2. The appeal was filed by three appellants, who were convicted by the trial court, however, the appellant No.2 Hakam Singh and the appellant No.3 Sita Singh @ Sarjeet Singh have passed away and therefore, this court vide order dated 13.05.2025 has dismissed the appeal as abated to their extent. Thus, the appeal is being adjudicated by the instant judgment only for the appellant No.1 Balbir Singh @ Vira Singh, who has been convicted and sentenced by the impugned judgment, as under :-
| Offence for which convicted | Sentence awarded | Fine imposed | Default sentence in case of nonpayment of fine |
|---|---|---|---|
| Sec | |||
The court affirmed the conviction while modifying the sentence based on mitigating factors, emphasizing the need for reformative justice in sentencing after extensive delay in proceedings.
The reformation of the appellant during the period of trial and incarceration was a key factor in modifying the quantum of sentences, aligning with the reformative theory of punishment.
The conviction under Section 324 IPC was affirmed, but the sentence was reduced to the time already served, acknowledging the appellant's age and absence of prior offenses.
The court affirmed the conviction but modified the sentence to time already served, emphasizing reformative justice based on the elapsed time and personal circumstances of the appellants.
The prosecution must establish its case beyond reasonable doubt, especially regarding the complainant's public duty status, influencing both conviction and sentencing. Mitigating factors warrant reco....
The court established that youth and lack of premeditation are significant mitigating factors in sentencing, justifying a modification of the punishment while affirming the conviction under IPC.
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