Babaria vs State - 2022 Supreme(Raj) 497

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 497

PUSHPENDRA SINGH BHATI
Babaria – Appellant
Versus
State – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Om Prakash Choudhary, Amicus Curiae
For the Respondent: Mr. Abhishek Purohit, P.P.

ORDER :

1. The appellants have preferred this Criminal Appeal under Section 374 (2) Cr.P.C. praying for the following reliefs:-

“It is, therefore, respectfully prayed that this appeal may kindly be allowed and the accused appellants may kindly be acquitted of all the charges levelled against them.”

2. The matter pertains to an incident which occurred in the year 1986 and the present criminal appeal has been pending since the year 1992.

3. This appeal has been preferred against the judgment dated 10.08.1992 passed by the Special Judge, SC/ST Prevention of Atrocities Court, Udaipur in Sessions Case No. 16/1992 whereby the accused appellants were convicted under Section 304 Part II read with Section 149 I.P.C., Section 148 I.P.C. and Section 323 read with Section 149 I.P.C. and were each awarded a sentence of 6 years R.I., 2 years R.I. and 6 months S.I. respectively, with the direction that the sentences were to run concurrently.

4. Brief facts of the case as revealed from the record are that on 15.01.1986, Shri Rupla filed a report at Police Station Parsola stating therein that on 14.01.1986, at about 2/2:30 p.m. while Bheema, the deceased victim, his wife Pemli, and their son Devji were

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