AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AJIT Singh son of Munsha Singh, resident of village Nangal Lohana was tried for an offence under section 61(1)(c) of the Punjab Excise Act by Judicial Magistrate First Class, Kapurthala. He was held guilty and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5000/- and in case of default in payment of fine he was to further undergo rigorous imprisonment for three months. Aggrieved by this judgment dated July 25 1987 Ajit Singh filed an appeal. Before the trial Court it was canvassed that statement of the accused under section 313 of the Code of Criminal Procedure was not recorded in accordance with the prescribed provisions, as material circumstances which appeared in evidence against the accused were not put to him for his explanation. This contention was accepted by the learned Additional Sessions Judge, Kapurthala who allowed the appeal, set aside, the conviction and sentence of the accused and remanded the case of Judicial Magistrate First Class, Kapurthala for fresh decision after properly examining the accused under section 313 of the Code of Criminal Procedure and allowing him an opportunity to lead evidence in defence. By way of the present revision petition, the order of the learned Additional Sessions Judge Kapurthala dated August 5, 1987 is assailed.

(2.) I have heard the counsel for the parties.

(3.) SINCE the petitioner has faced this litigation for more than seven years and has already undergone sufficient mental agony, harassment and expense, his fresh trial will not be in the interest of justice. I, therefore, accept this revision petition, set aside the impugned order and a quit the petitioner of the offence with which he was charged. The fine if paid is ordered to be refunded to him. Petition allowed.