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2022 Supreme(Raj) 579

Raju @ Chhotu – Appellant
Versus
State – Respondent


Advocates appeared:
For the Appellant : Mr. Chakravarti Singh Rathore.
For the Respondent: Mr. Mohd. Javed.

JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

1. This Criminal Appeal has been preferred under Section 374 Cr.P.C. praying for the following reliefs:

    “It is, therefore, most respectfully prayed that this appeal may kindly be allowed, impugned judgment dated 15.11.97 passed by Additional Sessions Judge No. 3, Udaipur in sessions Case No. 53/96 (301/96 old) may kindly be quashed and set aside and the appellant may be acquitted in this case.”

2. The matter pertains to an incident that occurred in the year 1996 and the present appeal has been pending since 1997.

3. Vide impugned judgment dated 15.11.1997 the learned Additional Sessions Judge No. 3, Udaipur in Sessions Case No. 53/96 (Old 301/96) convicted the appellant for the offence under Section 324 of IPC and sentenced him to undergo 1 year' R.I. along with a fine of Rs. 1,000/- in default in payment of which he was to further undergo three month' Rigorous imprisonment.

4. Learned counsel for the accused-appellant submits that the accused-appellant do not have any criminal antecedents to his discredit.

5. Learned counsel for the accused-appellant further submits that the sentence awarded to the accused-appellant was suspended by this Hon’ble Cour

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