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) IPC has been preferred against the order dated 30.08.1993 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases (District & Sessions Judge), Balotra in Sessions Case (SC/ST) No.54/1992, whereby the accused-appellant was convicted for the offence under Section 3(1)(10) of SC/ST (Prevention of Atrocities) Act and was sentenced to undergo six months rigorous imprisonment, alongwith a fine of Rs.1000/-, in default of payment of fine to undergo further two months simple imprisonment.

3. Learned counsel for the accused-appellant submits that complainant-Gordhan Ram filed a complaint before the learned Munsiff and Judicial Magistrate, Barmer in relation to an incident alleged to have been occurred on 13.09.1990 at about 6:00 p.m., narrating therein that while the complainant was taking water from the pot kept in the hotel of the accused, the accused- appellant hurled caste based abuses against the compl