Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI, ANAND SHARMA
kali, W/o. Kanti – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
1. The present Misc. Petition has been instituted pursuant to the communication dated 04.08.2011 addressed by the learned Additional Sessions Judge (Fast Track No.1), Banswara, informing about an anomaly in the final judgment dated 18.07.2011 rendered by a Coordinate Division Bench of this Court in Criminal Appeal No.374/2004 was brought tothe Court’s notice.
2. The matter has remained pending for a considerable period of time. Despite repeated attempts at service, no one appeared on behalf of the petitioner. Upon the Court’s request, Ms. Shobha Prabhakar, Advocate, graciously consented to assist this Court.
3. In these circumstances, this Court appointed Ms. Shobha Prabhakar, Advocate, as Amicus Curiae to assist the Court, and granted her adequate time to examine the record.
4. The relevant factual matrix is that one Smt. Kali was convicted by the Trial Court in session case no.90/2003 on 05.02.2004, for the offence punishable under Section 302 IPC and was sentenced to undergo life imprisonment along with fine and the corresponding default clause. Aggrieved thereby, she preferred Criminal Appeal No.374/2004 before this Court, which came to be partly allowed by t
Judicial corrections must address inadvertent factual errors affecting sentencing, ensuring fairness and proportionality in punishment under criminal law.
The court reiterated that a conviction can be upheld based on a single reliable eyewitness, and emphasized proportionality in sentencing, especially when no minimum punishment is mandated by law.
The court established that the distinction between murder and culpable homicide hinges on the intent and premeditation of the accused.
The main legal point established in the judgment is the interpretation of the dying declaration, the determination of the nature of the offense, and the application of the appropriate section of the ....
The main legal point established in the judgment is the distinction between 'murder' and 'culpable homicide not amounting to murder' under the Indian Penal Code, and the emphasis on the reformative a....
The distinction between culpable homicide and murder was clarified, emphasizing the need for proportionality in sentencing within the reformative justice framework.
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
