Kanwaljit Singh Ahluwalia, J. - (1.) IN pursuance of the order dated 11.11.2014, the paper -book after preparation, has been sent by the Office, along with the record.
(2.) MR . Manoj Kumar Choudhary, the learned counsel appearing for the applicant/appellant and Mr. N.S. Dhakad, the learned Public Prosecutor appearing for the State, are in agreement that so far as the conviction of the appellant for commission of offence punishable under Section 3(2)(V) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Act, 1989 [hereinafter to be referred as the "Act of 1989"] is concerned, the case of the appellant is squarely covered by the judgment rendered by us in D.B. Criminal Appeal No. 945/2004 [Ramkaran Vs. State of Rajasthan], decided on 25.11.2014.
(3.) SINCE the only argument raised by the learned counsel appearing for the appellant is sustainability of the conviction under Section 3(2)(V) of the Act of 1989 and reduction in the sentence, qua offence punishable under Section 326 I.P.C., with the consent of the learned counsel for the parties, we take the appeal itself on the Board for decision as the paper book and the record are available for perusal. The First Information Report [Exhibit P/26], in the present case, was lodged on the basis of the statement [Exhibit P/1] made by Badrilal [P.W. 3]. On 20.10.2007 at about 03:20 P.M. injured - Badrilal [P.W. 3] was admitted in the Emergency Ward of M.B.S. Hospital, Kota. An information was received at Police Station, Kota on 20.10.2007 at 03:25 P.M. regarding admission of Badrilal. A.S.I. Lalsingh [P.W. 19] reached at the Bed No. 12 of the Emergency Ward and at 06:15 P.M. recorded statement of injured - Badri Lal [P.W. 3].;