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2023 Supreme(P&H) 145

N. S. SHEKHAWAT
Rajbir Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Preeti Manderna.
For the Respondent: Amish Sharma.

JUDGMENT :

N.S. SHEKHAWAT, J.

1. The present appeal is directed against the judgment of conviction and order of sentence dated 07.11.2006 passed by the learned Special Court, Bathinda, whereby the appellant, namely, Rajbir Singh, was convicted for the offence punishable under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC & ST Act’) and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- with a default stipulation.

2. The FIR in the present case was got registered by Swaranjit Kaur wife of Baljit Singh Caste Majhabi Sikh resident of village Bhagwanpura. The complainant stated that she was married to Baljit Singh about 13 years ago and had three children. She as well as her husband were doing the labour work. At about 08.00 PM on 22.05.2005, the complainant along with her son Karampal Singh aged about 10 years, were going to fetch milk from the house of Bhikar Singh of their village and when they passed in the street in front of the house of Kaka Singh, Rajbir Singh, appellant, was present under the influence of liquor on the platform. On seeing the c

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