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2023 Supreme(Raj) 738

RAJENDRA PRAKASH SONI
Magniram S/o. Ganesh – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manish Pitaliya.
For the Respondent: Mr. Mahipal Bishnoi, PP assisted by Mr. C.P. Marwan.

ORDER :

1. The petitioners convicted by Court of Judicial Magistrate (First Class), Rashmi, District Chittorgarh in Criminal Regular Case No.36 of 1998 vide judgment dated 07.09.2001 and his conviction and sentence having been confirmed vide judgment dated 10.09.2002 by the appellate court of Additional Sessions Judge No.1 Chittorgarh in Criminal Appeal No.56 of 2002 punishable under Section 341, 323 read with 34 and 394 read with 34 of the Indian Penal Code, 1860 (for short “the IPC”) has filed the present revision petition before this Court.

2. The facts as available on record are that a First Information Report (ExP-1) dated 10.01.1998 was registered by Complainant Ogar Singh (PW-1) at Police Station Rashmi, District Chittorgarh to the effect that on 08.01.1998, while returning after purchasing 2 Kgs. of fishes from Hafiz Khan at Arani Pond, complainant and his companion Bhagwat Singh were intercepted by Ganesh, Magniram and Radheyshyam near wall of the pond. They demanded the fishes, but complainant refused to hand it over. On this, Ganesh Jat snatched the fishes from complainant, all the three accused beat the complainant and his friend Bhagwat Singh with bamboo sticks. Rs.5,000

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