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2024 Supreme(Raj) 110

MANOJ KUMAR GARG
Ratan Singh S/o. Shri Nand Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kaushal Gautam on behalf of Mr. Doongar Singh.
For the Respondent: Mr. Mukesh Trivedi, PP.

JUDGMENT :

1. Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dated 11.09.2003 passed by learned Additional Sessions Judge, (Atrocities of Women), Bhilwara (hereinafter referred to as ‘the appellate court’) in Criminal Appeal No.57/2003 (63/2002) by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 31.10.2002 passed by the learned Additional Chief Judicial Magistrate, Bhilwara (hereinafter referred to as ‘the trial court’) in Criminal Case No.21/1992, whereby, the learned trial court convicted and sentenced each of the present petitioner as under :

S. No.

Offence

Sentence

Fine

Sentence in default of fine

1.

Sec. 323/149 IPC

3 months RI

Rs.50/-

7 days SI

2.

Sec. 148 IPC

6 months RI

Rs.50/-

7 days’ RI

2. Both the sentences were ordered to run concurrently.

3. Brief facts of the case are that in this case, the learned trial court vide order dated 23.02.1991 convicted the accused persons including the petitioners for offences under Sections

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