MANJOOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed against the judgment dated 21.9.1991 passed by Judge, Special Court (SC/ST) Prevention of Atrocities Act, A.D.J., Bikaner in Criminal Case No.33/1990 convicting the appellant under Sec. 333 and 353 I.P.C.

(2.) The law was put to motion on FIR lodged on 13.4.1983 by complainant Kishan Lal, the Regional Forest Officer against the appellant Manjoor with allegation of criminal assault causing injuries during the course of anti encroachment proceedings and this FIR was lodged under Sections 332, 353 and 307 I.P.C.

(3.) After due investigation, charge sheet was filed against the appellant accused person under Sections 307, 333, 353 and the case was committed to Sessions Court. The Sessions Judge subsequently vide order dated 4.10.1983 discharged the accused under Sec. 307 Crimial P.C. and sent back the matter under Sec. 228 Crimial P.C. to the CJM, who further remitted it back on 13.11.1987 because Sec. 333 was there and the accused was not discharged under this Sec. subsequently the matter was sent to the court for adjudication and charge under Sections 333 and 353 were framed against the accused persons and trial was conducted.