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2024 Supreme(Raj) 146

MANOJ KUMAR GARG
Chena Ram S/o Hirkan Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Pradeep Choudhary, Sampatee Choudhary.
For the Respondent: S.S. Rajpurohit.

JUDGMENT :

MANOJ KUMAR GARG, J.

1. Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioners challenging the judgment dated 26.09.2002 passed by learned Additional Sessions Judge, Phalodi (hereinafter referred to as ‘the appellate court’) in Criminal Appeal No. 01/2002 by which the appellate court dismissed the appeal of the petitioners and upheld the judgment dated 08.02.2002 passed by the learned Additional Chief Judicial Magistrate, Phalodi (hereinafter referred to as ‘the trial court’) in Criminal Case No. 1289/1992, whereby, the learned trial court convicted and sentenced each of the present petitioners as under:

S. No.

Offence

Sentence

Fine

Sentence in default of fine

1.

341 IPC

1 month SI

--

--

2.

326, 326/34 IPC

3 years RI

Rs. 1,000/-

3 months SI

3.

323, 323/34 IPC

6 months SI

--

--

4.

324, 324/34 IPC

2 years RI

--

--

All the sentences were ordered to run concurrently.

2. Brief facts of the case are that on 15.07.1992, complainant/injured Jivanram gave a parcha bayan at Primary Hea

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