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2023 Supreme(Raj) 1714

FARJAND ALI
Munshi Adivasi – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Parikshit Nayak.
For the Respondent: Abhishek Purohit.

JUDGMENT :

FARJAND ALI, J.

1. The appellant has preferred the instant appeal under Section 374(2) of the Cr.P.C. being aggrieved of the judgment dated 20.04.2008 passed by the learned Additional Sessions Judge (Fast Track), Banswara in Sessions Case No. 95/2008, whereby he has been convicted and sentenced in the following manner:

Offence for which convicted

Sentence, fine and default sentence

Section 459 of the IPC

3 years’ simple imprisonment alongwith a fine of Rs. 500/- and in default of payment of fine, further to undergo, simple imprisonment of 15 days

Section 323 of the IPC

6 months’ simple imprisonment

Section 325 of the IPC

1 year's simple imprisonment alongwith a fine of Rs. 200/- and in default of payment of fine, further to undergo, simple imprisonment of 10 days

Section 427 of the IPC

6 months’ simple imprisonment

The sentences were ordered to run concurrently.

2. Briefly stated, facts relevant and essential for disposal of the case are that on 12.10.2008 at 11.30 a.m., complainant Khema submitted an oral report at the Police Station Ambapura to the effect that he was engaged in the work of agriculture and sorcery. His son M

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