Subhash vs State - 2022 Supreme(Raj) 661

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 661

Subhash – Appellant
Versus
State – Respondent

Advocates appeared:
For the Appellant : Mr. Rajeev Bishnoi
For the Respondent: Mr. Mukesh Trivedi, PP

ORDER :

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, prayed that this appeal may kindly be accepted, the conviction of the appellants be set aside and they be acquitted."

3. The matter pertains to an incident that occurred in the year 1990 and the present appeal has been pending since 1992.

4. Vide impugned judgment dated 31.10.1992 the learned Additional Sessions Judge, Churu in Sessions Case No.78/92 (20/91) convicted the appellants as under :-

Appellant No. 1 Subhash convicted for the offence under Section 304 Part-II IPC and sentenced him to undergo seven years R.I., along with a fine of Rs. 200/-default in payment of which he was to further undergo 2 months' R.I.

Appellants No.2 to 9 convicted for the offence under Section 304 Part-II readwith Section 149 of IPC and sentenced them to undergo seven years R.I., along with a fine of Rs. 200/-default in payment of which they were to further underg