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Gumana Ram @ Gumna Ram vs. State of Rajasthan & Ors.

52.00 5.20

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Penal Code, 1860–Secs. 307, 341, 323, 325 & 447 [Corresponding Secs. 109, 126(2), 115(2), 117(2) & 329(2) of BNS, 2023]–Probation of Offenders Act, 1958–Sec. 4–Accused were acquitted of the charge u/s. 307 and were instead convicted u/ss. 341, 323, 325 & 447–Trial Court meticulously considered the nature of injuries, number of injuries, kind of weapon used, the part of body chosen for inflicting injury to the victim and most importantly the absence of any prior motive, pre-concert or pre-planned attack–No interference is required in the well reasoned order of acquittal–Further, Trial Court rightly adopted a reformative approach in granting the benefit of probation–Interference declined.