Kala Singh vs State Of Rajasthan

Instant revision petition has been filed by the petitioner challenging the judgment dated 13.11.2018 passed by learned Addl. Sessions Judge No.2, Sriganganagar (hereinafter referred to as 'the appellate court') by which the appellate court upheld the judgment passed by the learned Addl. Chief Judicial Magistrate No.1, Sriganganagar (hereinafter referred to as 'the trial court') dated 08.10.2018 whereby, the learned trial court convicted the present petitioner for offence under Section 16/54 of Rajasthan Excise Act and sentenced to undergo six months simple imprisonment and fine of Rs. 20,000/-, in default of payment of fine to further undergo six months S.I.

Briefly stated, the prosecution case as set up is that on 30.06.2018, S.H.O. Police Station Sadar Sriganganagar went to village Kaliya where he received a secret information and in pursuance of said secret information, he alongwith patrolling party went to the house of accused Kala Singh where the accused was found in his kitchen preparing illicit liquor. Thirty six small polythene bags of illicit liquor was recovered.

The accused petitioner was arrested and a case was registered under Rajasthan Excise Act. On completion of investigation, a charge-sheet was filed against the present petitioner.

Charges of the case were framed against the petitioner. The petitioner accepted the charges and confessed his guilt.

After considering the material available on record, the learned trial court convicted the petitioner/accused for offence as mentioned above.

Aggrieved by the judgment and order dated 08.10.2018, passed by the learned trial court, an appeal was preferred before the learned Addl. Sessions Judge No.2, Sriganganagar which came to be dismissed vide judgment dated 13.11.2018.

At the threshold, learned counsel for the petitioner submits that he does not challenge the finding of conviction but since the accused petitioner is behind the bars since 30.06.2018 i.e. for five months, therefore, it is prayed that the substantive sentence awarded to the petitioner for the aforesaid offence may be reduced to the period already undergone by him. It is further prayed that the petitioner belongs to a poor family and the fine imposed upon the petitioner is also excessive, therefore, the may also be reduced appropriately.

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 sentence awarded to the accused petitioner nor any compassion or sympathy is called for in the said case.

I have perused the judgments passed by both the courts below regarding conviction of the accused-petitioner. It is not disputed that the accused petitioner admitted his guilt and accordingly, he was sentenced to a period of six months simple imprisonment, however, the petitioner has so far undergone a period of five months in custody out of six months of total sentence, so also suffered the agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the petitioner has remained behind the bars for five months now, it will be just and proper if the sentence awarded by the trial court for offence under Section 16/54 IPC is reduced from 06 months S.I to 05 months simple imprisonment.

Accordingly, the revision petition is partly allowed. While maintaining the petitioners' conviction for offence under Section 16/54 of Rajasthan Excise Act, the sentence awarded to him is hereby reduced from 06 months S.I. to 05 months S.I and the fine imposed upon the petitioner to the tune of Rs. 20,000/- is also reduced to Rs.10,000/-, in default of payment of fine to further undergo three months S.I.

The record of trial Court as well as the appellate court be sent back forthwith.