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DEEPAK ROSHAN
Shekhar Jha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard learned counsel for the parties.
2. This revision application is directed against the judgment dated 5.2.2004 passed by learned 3rd Addl. Sessions Judge, Deoghar in Criminal Appeal No.28 of 2003; whereby the judgment of conviction and order of sentence dated 10.3.2003 passed by the learned Assistant Sessions Judge-II, Deoghar in Sessions Case No.93 of 1993; whereby the petitioners have been acquitted u/s 307 IPC but petitioner No.1 has been convicted u/s 323 & 325 IPC and petitioner Nos.2 & 3 have been convicted u/s 324 IPC and sentenced were to undergo simple imprisonment for six months u/s 323 IPC and 2 years S.I. u/s 324 & 325 IPC and both the sentences were directed to run concurrently; has been affirmed against the petitioner Nos.2 and 3. So far as petitioner No.1 is concerned, considering his age the appellate court has modified his sentence and directed to release him on probation of good conduct for a period of two years on furnishing a bond with two sureties.
3. It is pertinent to mention here that as per service report petitioner No.1-Shekhar Jha has died. Hence, the instant application is dismissed as abated as against the petitioner No.1- Shekhar Jha.
The court has the discretion to modify a sentence based on the circumstances of the case, including the time elapsed since the incident and the conduct of the petitioners.
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....
The court has the discretion to release offenders on probation of good conduct instead of sentencing them immediately, considering factors such as age, nature of the offense, and absence of adverse c....
Convicted individuals may be granted probation under the Probation of Offenders Act based on age, societal integration, and absence of further criminal activity.
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