JAGDISH RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 2.2.2001 passed by the learned Additional Sessions Judge (1), Kangra at Dharamshala whereby the appeal of the petitioner/accused (hereinafter referred to as 'the accused') against the judgment dated 1.8.2000 passed by the learned Additional Chief Judicial Magistrate, Nurpur convicting the accused under Section 61(1)(a) of the Punjab Excise Act, as applicable to the State of H.P. (hereinafter referred to as 'the Act') and sentencing him to undergo simple imprisonment for three months and to pay a fine of Rs. 3000/- and in default of payment of fine to undergo further simple imprisonment for one month has been dismissed.

(2.) Brief facts leading to the presentation of this petition are as follows :

(3.) To prove the charge against the accused, prosecution examined four witnesses. Statement of the accused was recorded under Section 313 Cr.P.C. wherein he denied the case of the prosecution as a whole. On consideration of the material on record, the learned trial Magistrate vide judgment dated 17.8.1997 convicted the accused under Section 61(1)(a) of the Act and sentenced him to imprisonment till the rising of the Court and to pay a fine of Rs. 3000/-. Being aggrieved, the accused preferred an appeal which was heard by the learned Additional Sessions Judge (1) Kangra at Dharamshala and vide his judgment dated 5.5.2000 the conviction and sentence awarded to the accused was set aside and the case was remanded to the trial Court with a direction to record the statement of the accused under Section 313 Cr.P.C. afresh in accordance with law as in the statement earlier recorded by the learned trial Magistrate all material incriminating circumstances were not put to the accused. After remand the statement of the accused under Section 313. Cr.P.C. was recorded afresh and in the said statement also the accused denied the prosecution case as a whole. After hearing the parties, the learned trial Magistrate held the accused guilty and convicted and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs. 3000/- vide judgment dated 1.8.2000. Being aggrieved, the accused preferred an appeal which was dismissed by the learned Additional Sessions Judge, Kangra at Dharamshala by the impugned judgment Hence, this petition by the accused.