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2023 Supreme(Raj) 1258

FARJAND ALI
Sikandar Khan – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pawan Ojha.
For the Respondent: S.S. Rajpurohit.

JUDGMENT :

FARJAND ALI, J.

1. The petitioners were convicted and sentenced in the following manner by the learned Additional Chief Judicial Magistrate No. 4, Bikaner vide judgment dated 22.01.2003 passed in Criminal Regular Case No. 216/2002:

Offence for which convicted

Sentence, fine and default sentence

Section 452 of the IPC

One year's simple imprisonment alongwith a fine of Rs. 1,000/- and in default of payment of fine, further to undergo two months' simple imprisonment

Section 323/34 of the IPC

Three months' simple imprisonment alongwith a fine of Rs. 250/- and in default of payment of fine, further to undergo one month's simple imprisonment

2. Being aggrieved of the aforesaid judgment, the petitioners preferred an appeal, which was partly allowed by the learned Sessions Judge, Bikaner vide judgment dated 20.07.2004 passed in Criminal Appeal No. 9/2003, whereby while maintaining the conviction of the petitioners under Section 323/34 of the IPC, they were acquitted from the offence under Section 452 of the IPC and instead, they were convicted

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