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State Of Raj. & Ors vs Jeewa Ram on 16 April, 2009

16. Thus, in view of the above, the present appeal is partly allowed. Accordingly, the impugned judgment of conviction and order of sentence dated 20.05.2023 passed by the learned Additional Sessions Judge (Fast Track), Balotra Camp Barmer, in Sessions Case No.83/2002 (old No.77/2000) - State of Rajasthan Vs. Jeewa & Ors.), is modified by altering/substituting the conviction of the surviving accused-appellant-Kistura from Sections 302/34, 325/34 & 323/34 IPC to Sections 325 & 323 IPC. As regards the sentence to be ordered for such conviction, it is apparent that the accused-appellant Kistura already remained in custody from 17.09.2000 to 18.06.2003 and considering the totality of the circumstances and custody period already undergone by him, the sentence for the charges under Sections 323 and 325 IPC is reduced to the period already undergone by the surviving accused-appellant in this case, which in the opinion of this Court is sufficient to meet the ends of justice. The surviving accused-appellant is on bail; he need not surrender; his bail bonds stand discharged.
Rajasthan High Court - Jodhpur Cites 3 - Cited by 0 - P C Tatia - Full Document
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