Rajasthan High Court - Jodhpur
Hanumanaram vs State Of Rajasthan (2025:Rj-Jd:6078) on 30 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:6078]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1618/2024
Hanumanaram S/o Lunaram, Aged About 50 Years, R/o Bhakri,
Ps Lohawat At Present R/o Indra Colony, Mahamandir, Jodhpur.
(Lodged In Jail Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Devendra Singh Rathore
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. OP Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
30/01/2025
Instant revision petition has been filed by the petitioner
challenging the judgment dated 28.11.2024 passed by learned
Sessions Judge, Jodhpur (hereinafter referred to as 'the appellate
court') by which the appellate court upheld the judgment dated
24.09.2024 passed by the learned Addl. Chief Judicial Magistrate,
Pipar, Jodhpur (hereinafter referred to as 'the trial court')
whereby, the learned trial court convicted the present petitioner
for offences punishable under Sections 19/54, 20/54, 19/54(A) of
Raj. Excise Act, Sections 482 & 484 IPC and sentenced him as
under :
Sec. 19/54 Excise Act Three years SI & fine of Rs.20,000/-, in
default of payment of fine, to further
undergo one month SI.
Sec. 19/54(A) Excise Three years SI & fine of Rs.20,000/-, in
Act default of payment of fine, to further
undergo one month SI.
[2025:RJ-JD:6078] (2 of 4) [CRLR-1618/2024]
Sec. 20/54 Excise Act Three years SI & fine of Rs.20,000/-, in
default of payment of fine, to further
undergo one month SI.
Sec. 482 IPC One year SI & fine of Rs.1,000/-, in default
of payment of fine, to further undergo
seven days SI.
Sec. 484 IPC One year SI & fine of Rs.1,000/-, in default
of payment of fine, to further undergo
seven days SI.
All the sentences were ordered to run concurrently.
Briefly stated the facts of the case are that complainant
Ghewarram, ASI PS Pipar City, gave a written report to the effect
that during patrolling, they searched the car of the petitioner and
recovered a huge amount of illegal liquor without any permit and
licence. On the said report, an FIR was registered against the
petitioner and commenced investigation.
On completion of investigation, Police filed challan against
the accused-petitioner. Thereafter, the trial court framed the
charges against the accused-petitioner, who denied the charges
and claimed trial.
At the trial, the prosecution examined as many as 12
witnesses in support of its case and exhibited some documents.
Thereafter statement of the petitioner was recorded under Section
313 Cr.P.C.
After conclusion of the trial, the learned trial court convicted
and sentenced the accused-petitioner as aforesaid vide judgment
dated 24.09.2024.
Aggrieved by the judgment and order dated 24.09.2024,
passed by the learned trial court, an appeal was preferred before
[2025:RJ-JD:6078] (3 of 4) [CRLR-1618/2024]
the appellate court which came to be dismissed vide judgment
dated 28.11.2024. Hence, this revision petition.
Learned Public Prosecutor has submitted the custody
certificate of the petitioner dated 28.01.2025, received from the
Central Jail, Jodhpur and according to which, the petitioner has
already served the total sentence of three years and now he is
serving the default sentence. The said custody certificate is hereby
taken on record.
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 the petitioner has
already served the total sentence of three years SI and now he is
serving the default sentence. In such circumstances, it is prayed
that the default sentence awarded by the courts below to the
accused-petitioner for the aforesaid offences may be waived.
On the other hand, the learned Public Prosecutor opposed
the submissions made by the learned counsel for the petitioner.
The learned PP submitted that there is neither any occasion to
interfere with the default 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 judgments passed by the court below regarding
conviction of the accused-petitioner.
It is not disputed that the occurrence has taken place in the
year 2008 and the accused-petitioner has already served the total
sentence of three years SI and now he is serving the default
sentence, and so also the petitioner suffered the mental agony
[2025:RJ-JD:6078] (4 of 4) [CRLR-1618/2024]
and trauma of protracted trial. Thus, looking to the over-all
circumstances and the fact that the accused-petitioner has already
served the total sentence of three years SI, it will be just and
proper if the fine amount and default sentence passed by the trial
court and affirmed by the appellate court for offence under
Sections 19/54, 20/54, 19/54(A) of Raj. Excise Act, Sections 482
& 484 IPC are waived.
Accordingly, the revision petition is partly allowed. The
petitioner's conviction for offences under Sections 19/54, 20/54,
19/54(A) of Raj. Excise Act, Sections 482 & 484 IPC is hereby
maintained. Since, the accused-petitioner has already served the
total sentence of three years SI, the fine amount as well as default
sentence passed against him for the aforesaid offences are hereby
waived. The petitioner is in jail. He may be released forthwith, if
not required in any other case.
Application for suspension of sentence is also decided.
Record of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
67-MS/-
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