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2023 Supreme(Raj) 2153

FARJAND ALI
Bhakhar Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.J. Punia, Mr. Pritam Solanki.
For the Respondent: Mr. Abhishek Purohit, AGA.

JUDGMENT :

Farjand Ali, J.

By way of filing the instant Criminal Appeal under Section 374 of the CrPC, challenge has been made to the judgment dated 06.01.1994 passed by the learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases, Jodhpur in Sessions Case No.110/1993, whereby the learned trial court convicted and sentenced the appellants as under :-

Offence for which convicted

Sentence awarded

Section 323 IPC

6 months' S.I.

Section 3 (1)(x) of the SC/ST Act

6 months' S.I. and a fine of Rs.500/- and in default of payment of fine, 2 months' S.I.

2. Briefly stated, the facts of the case are that on 28.09.1993, complainant Narsinghram submitted a written report at the Police Station Mathania to the effect that on that day at 08.30 a.m. he received an information that cattle of Baburam Bishnoi were causing damage in his agriculture field. He along-with Goparam, Dhokalram, Kanaram, Jetharam and Nimbaram went to the field and drove the cattle out of the field. Thereafter, while they were returning on Hari Singh's tractor, at 09.15 a.m. Baburam Bishnoi, his sons Chenaram, Bhakarram, Bagaram, Chenaram's wife Murg

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