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2024 Supreme(Raj) 641

VINOD KUMAR BHARWANI
Basant Kumar S/o Shri Ram Swaroop Nandwana – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rohit Tiwari, Advocate
For the Respondent: Mr. Babulal Nasuna, Public Prosecutor

JUDGMENT :

Vinod Kumar Bharwani, J.

1. The present appeal has been preferred on behalf of the accused-appellant, namely Basant Kumar against the impugned judgment of conviction and the order of sentence dated 06.07.1992 passed by the Court of Judge, Special Court, Scheduled Caste & Scheduled Tribes (Prevention of Atrocities Cases), Kota, in Sessions Case No.160/1991, whereby the appellant was convicted & sentenced as follows :-

    “For offence u/s. 3 (1) (10) of the Act of 1989: - The appellant was sentenced to undergo one year rigorous imprisonment with fine of Rs.200/- and in default of payment of fine to further undergo three months simple imprisonment.

“For offence u/s.323 I.P.C.: The appellant was imposed a fine of Rs.100/- and in default of payment of fine to undergo one month simple imprisonment.

2. As per prosecution case, complainant– Rajendra Kumar Meena, L.D.C. A.C.M. Court, Digod lodged a written-complaint on 07.04.1991 at about 12:10 in the night alleging therein that on 06.04.1991 at around 05:30 P.M. when he was returning from Office, the accused & one Latoor (co-accused) on the way misbehaved/insulted and started beating & abused him by using caste oriented language. They

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