2014 Supreme(Raj) 2108
R.S.CHAUHAN, KANWALJIT SINGH AHLUWALIA
Guddu @ Anwar @ Kanna – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Appellant:Bharat Yadav, Advocate.
For the State: Aladeen Khan, Public Prosecutor.
JUDGMENT
1. - Shri Bharat Yadav, appearing for the appellant has stated at The bar that the appellant has undergone ten years, four months and seventeen days. The learned counsel has submitted that since he will be only confining his arguments regarding conversion of the offence and sentence to be awarded in case offence is converted, we have taken up this appeal for hearing.
2. Appellant Guddu @ Anwar @ Kanna Son of Asraf was tried by the Court of Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Kota for offence under Section 302 IPC. It is the case of prosecution that the appellant on 20th April, 2000 at 9.00 P.M., in Shama Colony near cremation ground, caused two injuries with incised weapon in the thigh of Om Prakash, the deceased. Thus, he committed an offence punishable under Section 302 IPC. The appellant for having committed offence punishable for more than ten years, under the provisions of Indian Penal Code, was also charged for the offence under Section 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial Court vide the impugned judgment dated 23rd August, 2005, acquitted the appellant so far
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