Brij Mohan @ Raja S/o Nathraj vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Raj) 2274

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Brij Mohan @ Raja S/o Nathraj – Appellant
Versus
State of Rajasthan – Respondent

Advocates Appeared:
For the Appellant : Rajiv Bishnoi
For the Respondents: Rajesh Bhati, Ravindra Bhati, Anjali Kaushik

JUDGMENT :

FARJAND ALI, J.

1. By way of the instant appeal, appellant has challenged the judgment of conviction and the sentence dated 19.09.1994 imposed by the learned Special Judge (SC/ST Prevention of Atrocities Act Cases) No.3, Jodhpur in Sessions Case No.30/1994, whereby he has been convicted and sentenced as under:-

Offence for which convicted	Substantive sentence	Fine and default sentence
Section 3 (1)(X) of the SC/ST Act	Six Months SI	Fine of Rs.1,000/- in default to further undergo two months SI
Section 323 of the IPC	Three Months SI	Fine of Rs.500/- and in default to further undergo one month’s SI

Being aggrieved by the said judgment, the appellant has approached this Court seeking reversal of the findings recorded by the Trial Court.

2. The prosecution case, as unfolded from the impugned judgment, is that a report (Exhibit P-1) was lodged by the complainant Rajan Solanki on 22.08.1991, alleging that he was intentionally insulted, intimidated, and physically assaulted by the accused by referring to his caste. It was alleged that such conduct amounted to an offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 in addition to an offence under Section 323 IPC.

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