Iimudin vs State - 2022 Supreme(Raj) 553

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2022 Supreme(Raj) 553

PUSHPENDRA SINGH BHATI
Iimudin – Appellant
Versus
State – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. DL Rawla
For the Respondent: Mr. N.S. Bhati, PP

ORDER :

1. In 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 Court, for the safety of all concerned.

2. Learned counsel for the appellant points out from the impugned order that the learned trial court has accepted the compromise to the extent of Sections 341 & 323 of IPC, but has convicted under Section 3(1)(x) of SC/ST Act for six months with fine.

3. Learned counsel for the appellant further submits that looking into the sentence period as well as the fact that the parties have already entered into a compromise and the main witnesses i.e. PW-1 Parvindra Singh & PW-2 Vishnu Giri were declared hostile, thus, the present petitioner be acquitted of the charges levelled against him.

4. Learned Public Prosecutor opposes the appeal.

5. This Court is conscious of the decisions rendered by the Hon’ble Apex Court in:-

5.1 Amit Kapoor Vs. Ramesh Chander and Ors. (2012) 9 SCC 460 wherein the Hon’ble Apex Court, with regard to the exercise of a High Court’s inherent powers under Section 482 Cr.P.C, observed asunder :-

“The jurisdiction of the Court under Section 397 can be exercised so a

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