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2022 Supreme(Raj) 2190

PUSHPENDRA SINGH BHATI
Padam Singh – Appellant
Versus
State – Respondent


Advocates appeared:
Gulab Singh, Advocate, for the Appellant
S.S. Rajpurohit, PP, for the Respondents

JUDGMENT

Pushpendra Singh Bhati, J. - 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 submits that the incident in-question is of 26.01.1991 and already 32 years elapsed sine the incident has taken place.

3. Learned counsel for the appellant further submits that appellant No. 3 Kamal Singh and appellant No. 4 Mool singh have already expired, which is also verified by the Public Prosecutor.

4. Thus, the present appeal to the extent of appellants No. 3 and 4 stands abated.

5. Learned counsel for the appellants No. 1 and 2 submits that appeal survives only to the extent of appellant No. 1 and 2. The appellant No. 1 has been convicted under Section 307 & 323/34 of IPC and appellant No. 2 has been given the benefit of Section 3 of Probation of Offenders Act. Thus, learned counsel for the appellant submits that his focal arguments is for appellant No. 1, who has been sentenced to four years imprisonment.

6. Learned counsel for the petitioner has drawn attention of this court towards the injury report, whi

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