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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
BHUWAN GOYAL
Bharatiya @ Bharat Lal S/o Anandi Lal – 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-petitioners – Bharatiya @ Bharat Lal & Ors. against the Judgment and Order dated 07.10.2005 passed by Additional District & Sessions Judge (Fastrack), Jhalawar (hereinafter referred to as "appellate court") in Criminal Appeal No. 52/2005 (Bharatiya @ Bharat Lal & Ors. vs. State of Rajasthan) vide which criminal appeal filed by the accused-petitioners has been partly allowed and while maintaining their conviction as recorded by the Chief Judicial Magistrate, Jhalawar (Raj.) (hereinafter referred to as "trial court") vide Judgment and Order dated 03.12.2003 in Criminal Regular Case no. 472/99 (State of Rajasthan vs. Bharatiya @ Bharat Lal & Ors.) their sentence has been modified as mentioned below:-
2. Facts of the case in short are that on 13.08.1993, one Prabhu Lal (P.W. 13) submitted a report to the effect that around 7.00 o'clock, he along with his son and grandson were pulling of wood logs towards boundary wall of Sorghum agricultural field. Birdhilal and Dhanna were also present there. Then all the 7 accused persons came with oxen, broke
The court may reduce a sentence based on the defendant’s age, duration of trial, and absence of prior convictions, emphasizing that punishment should serve justice without compromising societal harmo....
Sentencing must consider the offender's circumstances and the duration of trial, ensuring justice is served without unnecessary incarceration.
The court established that sentencing must balance justice, the nature of the offense, and the circumstances of the accused, especially in prolonged cases.
Probation may be granted under the Probation of Offenders Act considering age and lack of criminal history despite prior convictions for violent offenses.
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