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2022 Supreme(Raj) 1609

PUSHPENDRA SINGH BHATI
Bhanwar Singh – Appellant
Versus
State – Respondent


Advocates appeared:
Subhankar Johari, Amicus Curiae, for the Appellant
Mukesh Trivedi, PP, for the Respondents

JUDGMENT

Pushpendra Singh Bhati, J. - 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 under Section 374 Cr.P.C. has been preferred claiming the following reliefs:

      "it is, therefore, prayed that your Lordship's will be pleased to accept this appeal and set aside the conviction and sentence awarded by the learned Additional District and Sessions Judge No. 3, Jodhpur, dated 20.04.93 and accused appellant be acquitted for offence U/s. 307, 324, 323 I.P.C."

      3. The matter pertains to an incident which occurred in the year 1989 and the present appeal has been pending since the year 1993.

      4. Learned counsel for the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 20.04.1993 passed by the learned Additional Sessions Judge No. 3, Jodhpur in Sessions Case No. 41/89, whereby appellant was convicted for the offences under Sections 307, 324 & 323 of IPC, and sentence awarded to the petitioner were to run concurrently, as under:-

          Section 307 IPC: Seven years' R.I. and

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