RAMVEER GURJAR SON OF SHRI BANESINGH, BY CASTE GURJAR, RESIDENT OF VILLAGE VAIRPURA, POLICE STATION BASEDI, DISTRICT DHOLPUR (RAJ.) Vs. STATE OF RAJASTHAN THROUGH PP

JUDGEMENT

(1.) Ramveer has instituted the present appeal, bearing D.B. Criminal Appeal No. 11/2009 to assail the impugned judgment dated 05.11.2008 rendered by the court of Special Judge SC/ST (Prevention of Atrocities) Cases, Dholpur. The said court vide impugned judgment dated 05.11.2008 held the appellant Ramveer guilty of offences under Sections 148 and 302/149 IPC. However, the trial court recorded the acquittal of the appellant Ramveer for the offences under Sections 302 Penal Code and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act (hereinafter to be referred as 'SC/ST Act').

(2.) The complainant Siyaram has preferred D.B. Criminal Revision Petition No. 100/2009, to urge that the accused Ramveer, named as accused in the FIR ought to have been substantively convicted for the offence under Sec. 302 Penal Code and his acquittal under Sec. 3(2)(v) of SC/ST Act, is bad in the eyes of law.

(3.) We shall decide D.B. Criminal Appeal No. 11/2009 and D.B. Criminal Revision Petition No. 100/2009 together, as the same impugned judgment has been assailed in both i.e. the appeal and revision filed before us.