Khurshid v. State
Case brief
What is this about?
High Court allowed part of criminal appeal, maintaining conviction but reducing sentence to period already undergone. Appellant suspended and released on bail.
What did the court decide?
Sentence reduced to period undergone; remainder suspended; appellant released on bail; conviction maintained; impugned judgment modified.
What the court decided
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
J U D G M E N T
S.B.CRIMINAL APPEAL NO.663/1996 (Khurshid Vs. State)
DATE OF JUDGMENT :::::
27.08.2015
HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr.Vinod Kumar Gupta, for the appellant/s. Mr.R.S.Shekhawat, Public Prosecutor for State.
This appeal has been filed against the judgment and order dated 6.11.1996 passed by learned Addl. Sessions Judge, Gangapurcity in sessions case no. 71/1994 whereby he has convicted and sentenced the appellant as under: U/s. 326 IPC: 02 years RI and fine of Rs.3000/-; in default of
payment of fine to further undergo 03 months RI.
Briefly stated facts of the case are that an FIR no. 332/1994 was registered at P.S. Gangapurcity for the offence under Secs.447, 323, 324/34 IPC. After usual investigation, police filed charge-sheet against the appellant/s in the court of Sessions Judge under Sec.307, 447, 326, 323, 341, 34 IPC, from where the case was committed for trial to the court of Addl.Sessions Judge, Gangapurcity. The trial court has framed the charges for the offences under Secs.447, 323, 307/34 and 326 IPC. The prosecution examined as many as 12 witnesses and got exhibited certain documents. Statement of appellant/s under Sec. 313 Cr.P.C. was recorded. After hearing both the sides, the learned trial court has convicted and sentenced the appellant as indicated above vide judgment dated 6.11.1996.
Issues for consideration
3 issues framed by the court
Whether the sentence awarded to the appellant should be reduced for the period already undergone in custody considering he is now an old person and not a habitual offender.
Whether the conviction of the appellant should be maintained.
Whether the appellant's sentence should be suspended and bail bonds canceled.
Parties & counsel
- appellant
Khurshid
- respondent
State
Coram
Mahesh Chandra Sharma
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · August
- Registered
- Case no.
- CRLA/663/1996
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