BABU RAM Vs. STATE

JUDGEMENT

(1.) In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

(2.) The matter pertains to an incident which occurred in the year 1989 and the present criminal appeal is pending since the year 1993.

(3.) This criminal appeal under Sec. 374(2) Cr.P.C. has been preferred against the judgment dtd. 19/8/1993 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur in Sessions Case No. 26/92, whereby appellant No. 1-Babu Ram was convicted under Sec. 304 Part II IPC and was sentenced to undergo seven years rigorous imprisonment, alongwith fine of Rs.500.00, in default of payment of fine to undergo further two and a half months rigorous imprisonment; fine of Rs.200.00 for the offence under Sec. 447 IPC, in default, to undergo one month's simple imprisonment and; for the offence under Sec. 4/25 was sentenced to undergo one year simple imprisonment alongwith a fine of Rs.250,.00 in default of payment of fine to undergo further one and a half months simple imprisonment. Appellant No. 2 Bhera Ram was convicted for the offences under Ss. 324 and 447 IPC, but released while extending the benefit of Sec. 4 of the Probation of Offenders Act, 1958.