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2022 Supreme(Raj) 634

PUSHPENDRA SINGH BHATI
Dalla Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
For the Appellant : Mr. Jayram Saran
For the Respondent: Mr. SS Rajpurohit, 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. This Criminal Appeal has been preferred under Section 374 Cr.P.C. praying for the following reliefs:-

    “It is therefore, humbly prayed that the appeal of the appellant may kindly be allowed and the impugned judgment under appeal may kindly be set aside and the appellant may kindly be acquitted of the charges levelled against them.”

3. Learned Public Prosecutor has furnished a report, which shows that the appellant no.1 has already expired.

4. Thus, the present appeal to the extent of appellant no.1 stands abated.

5. So far as the appellants No.2 & 3 are concerned, the matter pertains to an incident that occurred in the year 1998 and the present appeal has been pending since 1999.

6. Vide impugned judgment dated 08.10.1999 the learned District and Sessions Judge, Jaisalmer in Sessions Case No.27/98 acquitted the accused-appellants for the offence under Section 304-B IPC but convicted them for the offence under Section 498-A IPC and sentenced them to undergo 03 yea

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