DEEPAK ROSHAN
Man Kumar Pradhan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard learned counsel for the parties.
2. Since both these revision applications arise out of the common judgment, as such both are being heard together and disposed of by this common judgment.
3. These revision applications are directed against the judgment of conviction and order of sentence dated 15.03.2005 passed by learned Additional District & Sessions Judge, F.T.C,-I, Chaibasa in Cr. appeal No. 50 of 1997; whereby the judgment of conviction dated 24.11.1997 and orders of sentence dated 25.11.1997 passed by the learned 2nd Assistant Sessions Judge at Chaibasa, in S.T. No. 130 of 1993 (Trial No. 38/1994) in connection with Chakradharpur, P.S. Case No. 04/1992 corresponding to G.R. No. 11/1992 against both the petitioners in Cr. Rev. No. 549 of 2005, namely, Man Kumar Pradhan and Anant Kumar Pradhan and the sole petitioner- Pradip Kumar Pradhan @ Pradeep Pradhan in Cr. Rev. No. 632 of 2005 to undergo R.I. for 3 years and 5 years respectively, for the offence punishable under Sections 307 and 34 IPC has been affirmed while the convictions of the latter for the offences punishable under Section 27 of the Arms Act, has been set aside.
4. Ms. Apurwa Pathak, learned c
The court may modify the sentence based on the time elapsed since the incident, the age of the petitioners, and the absence of cruelty or mental depravity.
A court can modify a sentence to time already served when the defendant has considerably served their sentence and considers the defendant's past offenses.
The court has the discretion to reduce a sentence based on the time already served and the overall circumstances of the case.
The court has the discretion to consider the time already undergone and the mental agony of protracted trial in reducing the sentence of the accused.
The court has the discretion to consider the period already undergone by the accused when deciding on the appropriate sentence, based on the principles of sentencing policy and precedent laws.
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