PREM KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been directed against the judgment dtd. 29/4/1995 passed by the learned Sessions Judge, Jaisalmer in Sessions Case No.37/1994 whereby the appellant was convicted for offence under Sec. 353 of IPC as well under Sec. 3(i)(x) of SC/St (Prevention of Atrocities Act) and sentenced as under:-

(2.) Heard the learned counsel for the parties and gone through the record of the case.

(3.) A very limited question is involved in this appeal whether the act of the appellant and the circumstances appeared in the trial would attract the penal provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act or not. It is argued that simply because the appellant is a member of general caste and the victim is a member of scheduled caste and committed an offence would not ipso facto attract the penal provisions of SC/ST Act.