Rajasthan High Court - Jodhpur
Kheta Ram vs State (2023:Rj-Jd:38776) on 8 November, 2023
Bench: Manoj Kumar Garg
[2023:RJ-JD:38776]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 623/2002
Kheta Ram S/o Shri Chunni Lal, B/c Mali, R/o Jalore.
(Presently lodged in District Jail, Jalore)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Amitabh Acharya
For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
08/11/2023
Instant revision petition has been filed by the petitioner
challenging the judgment dated 29.07.2002 passed in Cr. Appeal
No.159/2002 by learned Addl. Sessions Judge (Fast Track), Jalore
(hereinafter referred to as 'the appellate court') by which the
appellate court while dismissing the petitioner's appeal, upheld the
judgment dated 12.09.2000 passed in Cr. Case No.438/1998 by
learned Chief Judicial Magistrate, Jalore (hereinafter referred to as
'the trial court') whereby, the learned trial court convicted and
sentenced the present petitioner as under :
Offence U/s 19/54 of Rajathan Excise Act : Six months' S.I.
and fine of Rs.1,000/-, in default of payment of fine, to further
undergo 10 days' S.I.
Brief facts of the case are that on 04.03.1996, during
patrolling near Jawai River, Police tried to stop a Jeep bearing
No.RJ-16-T-0215, but it was not stopped by its driver and he ran
[2023:RJ-JD:38776] (2 of 4) [CRLR-623/2002]
away towards village Harji. The Police chased the jeep and got it
stopped. In the jeep, two persons were sitting and they disclosed
their names as Kheta Ram (present petitioner) and Sumer Singh.
On conducting a search, liquor was found in the jeep without any
valid permit and licence. The petitioner and co-accused were
arrested and after investigation, Police filed challan for offence
under Section 19/54 of Rajasthan Excise Act against both the
accused persons.
Thereafter, charge was framed by the learned trial court
against the accused persons for the aforesaid offence, who
pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as 6 witnesses in support of its case. Thereafter, statements of the
accused persons under section 313 Cr.P.C were recorded. In
defence, two witnesses were examined.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 12.09.2000 convicted and sentenced
the accused-petitioner for aforesaid offence.
Being aggrieved by their conviction and sentence, the
petitioner preferred an appeal before the learned appellate court,
which came to be dismissed vide judgment dated 29.07.2002.
Hence, this revision petition against the conviction and sentence of
the accused-petitioner.
At the threshold, learned counsel for the accused-petitioner
does not challenge the finding of conviction but it is submitted
that the occurrence relates back to year 1996 and the petitioner
has so far suffered sentence for about one month out of total
sentence of six months SI. In such circumstances, it is prayed that
[2023:RJ-JD:38776] (3 of 4) [CRLR-623/2002]
the sentence awarded to the accused-petitioner for the offence
under Section 19/54 of Rajasthan Excise Act may be reduced to
the period already undergone by him.
On the other hand, the learned Public Prosecutor opposed
the submissions made by the learned counsel for the accused-
petitioner. The learned PP submitted that there is neither any
occasion to interfere with the sentence awarded to the accused
petitioner nor any compassion or sympathy is called for in the said
case.
I have perused the evidence of the prosecution as well as
defence and the judgment passed by the courts below regarding
conviction of the accused-petitioner.
It is not disputed that the occurrence has taken place in the
year 1996 and the accused-petitioner has so far undergone a
period of about one month incarceration out of total sentence, and
also suffered the agony and trauma of protracted trial. Thus,
looking to the over-all circumstances and the fact that the
accused-petitioner has remained behind the bars for considerable
time, it will be just and proper, if the sentence awarded by the trial
court for offence under Section 19/54 of Rajasthan Excise Act and
affirmed by the appellate court is reduced to the period already
undergone by the petitioner.
Accordingly, the revision petition is partly allowed. While
maintaining the petitioner's conviction for offence under Section
19/54 of Rajasthan Excise Act, the sentence awarded to him for
the aforesaid offence is hereby reduced to the period already
undergone. The fine imposed by the trial court is also waived. The
[2023:RJ-JD:38776] (4 of 4) [CRLR-623/2002]
petitioner is on bail. He need not surrender. His bail bonds stand
discharged.
The record of trial Court as well as the appellate court be
sent back forthwith.
(MANOJ KUMAR GARG),J
12-MS/-
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