MAHADEO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) INVOKING revisional jurisdiction of this Court under Section 397/401 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.'), sole accused/applicant -Mahadeo has preferred this revision questioning the legality and propriety of judgment impugned passed by the 1st Additional Sessions Judge, Raigarh in Criminal Appeal No. 147/2003 on 15.12.2003, by which learned Sessions Judge has affirmed the judgment of conviction recorded by Judicial Magistrate First Class, Sarangarh in Criminal Case No. 691/2002 and the sentence awarded to him is reduced to simple imprisonment for one month for the offence under Section 34(1)(a) of the Chhattisgarh Excise Act, 1915 (for short 'the Act of 1915').

(2.) THE core facts required to be noticed for consideration of this revision are as under: -

(3.) ON appeal being preferred by the accused/applicant, the 1st Additional Sessions Judge, Raigarh in Criminal Appeal No. 147/2003, by its judgment affirmed the findings of the trial Magistrate so far as it relates to judgment of conviction, but interfered with the order of sentence awarded by trial Magistrate; and jail sentence of six months, was reduced to jail sentence of one month while maintaining the fine sentence.