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DEEPAK ROSHAN
Purnendu Roy – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard leaned counsel for the parties.
2. At the outset it appears from the order dated 13.10.2022 that due to typographical error this case has been abated against the petitioner nos. 1 and 2 in place of petitioner nos. 1 and 3.
3. Accordingly order dated 13.10.2022 is hereby modified to the extent that the Cr. Rev. Application No. 1099 of 2008 is abated against the petitioner nos. 1 and 3-namely, Tusar Kanti Roy and Ardhendu Roy, respectively.
4. Since both these revision applications arise out of same judgment passed by the appellate court and are also interconnected with the same P.S. case, as such they are heard together and disposed of by this common judgment.
5. Both these applications have been preferred against the judgment dated 23.07.2008 passed by learned Sessions Judge, Jamtara, in Cr. Appeal No. 09 of 2008; whereby the judgment of conviction and order of sentence dated 18.03.2008 passed by learned Sub Divisional Judicial Magistrate, Jamtara in P.C.R. Case No. 46 of 2005 (T.R. No. 289 of 2008); whereby the petitioners have been sentenced to undergo R.I. for 3 years and a fine of Rs. 3000/- each for the offence under section 498 A IPC and appeal filed by the p
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.
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.
The court has the discretion to reduce a sentence based on the time already served and the overall circumstances of the case.
The court modified the sentence to the time already served, considering the petitioners' socio-economic status and the lengthy trial process.
The enhancement of a convict's fine by an appellate court without providing notice to the convict is jurisdictionally invalid.
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