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2022 Supreme(Raj) 545

Bhanwar Dan – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Abhishek Charan
For the Respondent: Mr. Mukhtiyar Khan, PP

JUDGMENT :

1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. The matter pertains to an incident that occurred in the year 1995 and the present revision petition has been pending since 2001.

3. This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred against the judgment dated 17.05.2001 passed by learned Sessions Judge, Jaisalmer in Criminal Appeal No.01/2001 whereby the judgment dated 12.12.2000 passed by the learned Judicial Magistrate, 1st Class, Jaisalmer in Criminal Original Case No.432/1996 convicting the revisionist-petitioner was upheld. The petitioner was convicted for the offences under Sections 409 IPC and sentenced to undergo two years’ S.I. and a fine of Rs.2,000/-in default of payment of which, he was ordered to undergo further one month’s S.I. Vide the impugned judgment dated 17.05.2001 though the judgment of learned trial court to the extent of Section 409 of IPC was affirmed, the same was modified to the extent that the petitioner was sentenced to undergo one y

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