Rajasthan High Court - Jodhpur
Sampatlal vs State (2025:Rj-Jd:24780) on 21 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:24780]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 127/2004
Sampatlal S/o Shri Ashulal, B/c Kalal, R/o Bhurtiya Colony,
Soorsagar, Jodhpur
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Shyam Singh Bhati
For Respondent(s) : Mr. KS Kumpawat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
21/05/2025
Instant revision petition under Section 397/401 Cr.P.C. has
been filed by the petitioner challenging the judgment dated
03.03.2004 passed by learned Additional Sessions Judge No.1,
Jodhpur in Criminal Appeal No.1/2002 by which the appellate
court dismissed the appeal of the petitioner and upheld the
judgment dated 03.12.2001 passed by the learned Judicial
Magistrate No.6, Jodhpur in Crl. Original Case No.131/1999,
whereby, the learned trial court convicted the petitioner for
offence under Section 19/54 of Rajasthan Excise Act and
sentenced him to undergo six months S.I. along with a fine of
Rs.200/- and in default of payment of fine, to further undergo
seven days simple imprisonment.
Brief facts of the case are that on 05.02.1998, during raid,
Shri Narendra Singh, Excise Inspector along with his team
recovered huge quantity of liquor from the house of the present
accused-petitioner. After usual formalities, Police registered a case
[2025:RJ-JD:24780] (2 of 3) [CRLR-127/2004]
against the petitioner for offence under Section 19/54 of
Rajasthan Excise Act and started investigation.
On completion of investigation, the police filed a charge
sheet against the accused-petitioner for offence under Section
19/54 IPC. Thereafter, the trial court framed the charge against
the accused-petitioner, who denied the charge and claimed trial.
During the course of trial, the prosecution examined five
witnesses and also exhibited certain documents. Thereafter,
statement of the accused petitioner under Section 313 Cr.P.C. was
recorded.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 03.12.2001 convicted and sentenced
the accused-petitioner for offence as mentioned earlier.
Aggrieved by his conviction and sentence, the petitioner
preferred an appeal before the learned appellate court, which
came to be dismissed vide judgment dated 03.03.2004. 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 1998 and the petitioner has so far
suffered a sentence of about 6 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 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
[2025:RJ-JD:24780] (3 of 3) [CRLR-127/2004]
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 1998 and the accused-petitioner has so far undergone a
period of about six days incarceration, out of total sentence of six
months S.I., and so also suffered the mental agony and trauma of
protracted trial. The age of the petitioner at the time of incident
was about 39 years and presently he is about 66 years. 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 him.
Accordingly, the criminal 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 aforesaid offence is hereby reduced to the period already
undergone. The amount of fine is waived. The petitioner is on bail.
He need not surrender. His bail bonds stand discharged.
The record of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
7-MS/-
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