Rajasthan High Court - Jodhpur
Onkar Singh @ Fauji vs State Of Rajasthan (2024:Rj-Jd:23999) on 27 May, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:23999]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 695/2024
Onkar Singh @ Fauji S/o Ajeet Singh @ Jeet Singh, Aged About
50 Years, R/o Matilirathan, Teh And Dist. Sriganganagar. (Lodged
In Dist. Jail Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pankaj Kumar Gupta
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
27/05/2024
Instant revision petition under Section 397/401 Cr.P.C. has
been filed by the petitioner challenging the judgment dated
22.04.2024 passed by learned Additional Sessions Judge No.1,
Sriganganagar in Criminal Appeal No.378/2017 by which the
appellate court dismissed the appeal of the petitioner and upheld
the judgment dated 31.05.2017 passed by the learned Judicial
Magistrate, Sriganganagar in Cr. Original Case No.108/2008,
whereby, the learned trial court convicted the petitioner for
offence under Section 16/54 of Rajasthan Excise Act and
sentenced him to undergo six months S.I. along with a fine of
Rs.20,000/- and in default of payment of fine, to further undergo
one month simple imprisonment.
Brief facts of the case are that on 09.07.2008, SHO, PS
Matilirathan recovered ten litres of handmade liquor from the
accused-petitioner without any valid licence and permit. After
[2024:RJ-JD:23999] (2 of 4) [CRLR-695/2024]
completing the usual formalities, Police registered the case against
the petitioner and started investigation.
On completion of investigation, the police filed challan
against the accused-petitioner for offence under Section 16/54
IPC. Thereafter, the trial court framed the charge against the
accused-petitioner, who denied the charge and claimed trial.
Thereafter, in the spirit of lok adalat, the petitioner filed an
application accepting the commission of aforesaid offence by him.
Upon which, the learned trial court vide impugned judgment dated
31.05.2017 convicted and sentenced the accused-petitioner for
offence under Section 16/54 of Rajasthan Excise Act.
Aggrieved by his conviction and sentence, the petitioner
preferred an appeal before the learned appellate court, which
came to be dismissed vide judgment dated 22.04.2024. Hence
this revision petition.
At the threshold, counsel for the petitioner does not
challenge the finding of conviction but it is submitted that the
occurrence relates back to year 2008 and as per the custody
certificate produced by the learned Public Prosecutor, the
petitioner has so far suffered a sentence of about 5 months & 15
days, out of total sentence of six months S.I. In such
circumstances, it is prayed that the substantive sentence awarded
to the accused-petitioner for the offence under Section 16/54 of
Rajasthan Excise Act may be reduced to the period already
undergone by him and fine imposed by the trial court may also be
waived.
On the other hand, the learned Public Prosecutor opposed
the submissions made by the learned counsel for the accused-
[2024:RJ-JD:23999] (3 of 4) [CRLR-695/2024]
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 2008 and as per the custody certificate produced by the
learned Public Prosecutor, the accused-petitioner has so far
undergone a period of about five months & fifteen days
incarceration, out of total sentence of six months S.I., and so also
suffered the mental 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 16/54 of Rajasthan Excise Act and
affirmed by the appellate court is reduced to the period already
undergone by him.
Accordingly, the criminal revision petition is partly allowed.
While maintaining the petitioner's conviction for offence under
Section 16/54 of Rajasthan Excise Act, the sentence awarded to
him for aforesaid offence is hereby reduced to the period already
undergone. The amount of fine is reduced from Rs.20,000/- to
Rs.1,000/-. The petitioner is in jail. On deposition of reduced fine
amount, he be released forthwith, if not required in any other
case. If the petitioner fails to deposit the reduced fine amount, he
shall undergo default sentence.
[2024:RJ-JD:23999] (4 of 4) [CRLR-695/2024]
Application for suspension of sentence and misc. Application
(1/2024) are also decided.
The record of the courts below, if received, be sent back
forthwith.
(MANOJ KUMAR GARG),J
181-MS/-
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