Jharkhand High Court
Bhupal Mahra vs The State Of Jharkhand on 2 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 183 of 2020
....
Bhupal Mahra .... Petitioner
Versus
The State of Jharkhand .... Opposite Party
....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. A.K.Choudhary, Adv.
For the State : Mr. S.K.Srivastava, APP
....
07/02.12.2021 Heard learned counsel for the petitioner and learned counsel for the State.
The instant application has been filed against the judgment dated
18.01.2020 passed by the court of learned Additional Sessions Judge-III, Deoghar
in Criminal Appeal No.134 of 2018 who has affirmed the judgment and order of
sentence dated 23.10.2018 passed by the learned Judicial Magistrate, 1st class,
Madhupur in G.R. Case No.782 of 2017, (T.R. No.475 of 2018) arising out of
Sarath P.S. Case No.156 of 2017, whereby the petitioner has been convicted for the
offence under Section 273 of the Indian Penal Code and sentenced to undergo S.I.
for three months and also for the offence under Section 47(a) of the Jharkhand
Excise Act and sentenced to undergo S.I. for two years with a fine of Rs.5,000/-
and in default of payment of fine, further sentenced to S.I. for six months.
It appears that on receiving information the Officer-in-Charge has
proceeded for raid and during raid liquor has been recovered from the possession of
the petitioner and accordingly F.I.R. has been lodged on 04.09.2017.
After investigation charge-sheet has been submitted under Sections 272,
273 and 290 of the Indian Penal Code and Section 47(a) of the Jharkhand Excise
Act. Cognizance has been taken for the said charges and finally the petitioner has
been convicted under Section 273 of the Indian Penal Code and Section 47(a) of the
Jharkhand Excise Act which has been upheld by the appellate court.
To substantiate the prosecution story altogether seven witnesses have
been examined.
From perusal of record, it appears that there is sufficient evidence for
upholding conviction and as such the same is not hereby interfered.
Learned counsel for the petitioner has confine his prayer to the sentencing
part only and submitted that the petitioner has remained in custody for about four
month i.e. from 05.09.2017 to 23.09.2017 during trial and after conviction from
06.09.2021. It has been further submitted that the beer bottles and royal stag, wine
bottles have been recovered from his possession. It is his first offence and he is
aged about 80 years. On above facts, prayer has been made for reducing the
sentence.
Having heard learned counsel for the parties and on perusal of record, it
appears that the royal stag, wine bottles and beer bottles have been recovered from
the possession of this petitioner. It is his first offence.
Considering the nature of allegation and the age of the petitioner and the
mandate of Section 47(a) of the Jharkhand Excise Act, the sentencing part is
modified and reduced to the period of four months which has already been
undergone by the petitioner and other part maintained as it is.
With the above modification of the sentencing part, the present criminal
revision stands disposed of.
In view of the disposal of the main case, I.A. No.5069 of 2021 also stands
disposed of.
(Rajesh Kumar, J.)
Shahid/
