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SHAILENDRA SHUKLA
RAMPRASAD SALVI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – Vide judgment dated 22-8-2016 passed in ST No. 19/2013 by the 1st Addl. Sessions Judge, Link Court Javad, District Neemuch (M. P.), the appellant has been convicted under section 305 of Indian Penal Code and he has been sentenced to 7 years R.I. and fine of Rs. 2,000/- with default stipulation of 3 months R.I.
2. The accusation against the appellant is that he had abetted the committal of suicide of a minor namely Meenu.
3. Learned counsel for the appellant submits that he does not seek to challenge the conviction of the appellant and instead of pressing for suspension of sentence, he seeks to reduce the quantum of sentence to the period already undergone.
4. It is submitted that out of 7 years of R.I., the appellant has completed 5 years and 4 months in jail.
5. Learned counsel for the State was heard, who has opposed the aforesaid prayer.
6. Perused the material available on record and the evidence which has been led by the prosecution. A perusal of the same shows that conviction of the appellant under section 305 of Indian Penal Code is appropriate.
7. Reverting to the quantum of sentence, this Court is of the view that the period which has already been undergone i.e.
The court has the discretion to reduce the sentence based on the period already served by the appellant.
The court established that mitigating circumstances can justify a reduction in sentence even when the conviction is upheld.
Long lapse of time and non-serious nature of offence can be grounds for reduction of sentence to period already undergone.
The main legal point established in the judgment is the need for proportionate and just punishment based on the legal provisions and the circumstances of the case, emphasizing the discretion of the c....
The court must consider the age, prior conduct, and circumstances of the convicted when determining an appropriate sentence, particularly for first-time offenders.
The court has the discretion to suspend both the sentence and conviction of an appellant based on the facts and circumstances of the case.
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