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2022 Supreme(Raj) 1370

PUSHPENDRA SINGH BHATI
Balu Singh – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. S.S. Shaktawat, for the Appellant
Mr. Mukesh Trivedi Pp, for the Respondent.

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 under Section 374(2) Cr.P.C. has been preferred against the judgment dated 20.08.1993 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pratapgarh in Special Sessions Case No.87/92, whereby the accused-appellants were convicted for the offence under Section 3(1)(10) of SC/ST (Prevention of Atrocities) Act and were sentenced to undergo six months rigorous imprisonment, alongwith a fine of Rs.100/- each, in default of payment of fine to undergo further one month's simple imprisonment; for the offence under Section 323 IPC, were sentenced to undergo three months simple imprisonment.

3. Learned counsel for the accused-appellants submits that complainant-Pratap filed a written report before the Police Station, Doongla, District Chittorgarh, alleging therein that on 18.03.1992 at about 9:00 p.m., on the occasion of Holi Festival, while the complainant went to join the gathering for participating in the customary Gair

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