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MANOJ KUMAR GARG
Sawai Ram S/o Kapura Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
1. Application (1/2023) for early listing of the case is allowed for reasons stated therein.
2. The matter is being heard and decided today itself.
3. Instant revision petition has been filed by the petitioner challenging the judgment dated 02.04.2004 passed in Cr. Appeal No. 33/2002 by learned Additional Sessions Judge, Barmer, by which the appellate court partly allowed the petitioner’s appeal and while affirming the conviction of the petitioner for offence under Section 457 IPC, reduced his sentence passed by learned Addl. Chief Judicial Magistrate, (Fast Track), Barmer, vide judgment dated 24.09.2002 in Cr. Case No. 299/2002. Details of the sentence as reduced by the appellate court for offence under Section 457 IPC are as under:
| Offence U/s 457 IPC | One month’s S.I. and fine of Rs. 1,000/- in default of payment of fine, further undergo one month’s S.I. |
4. Brief facts of the case are that on 05.04.1999, complainant Baksh Khan submitted a written report at P.S. Baytu, District Barmer to the effect that in the intervening night of 03.04.199
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