LAWS(RAJ)-2000-5-78

KISHAN LAL Vs. STATE OF RAJASTHAN

Decided On May 25, 2000
KISHAN LAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 10.4.2000 passed by learned Additional Sessions Judge No. 1, Sri Ganganagar in Cr. Appeal No. 18/2000 whereby the judgment and sentence passed by learned Judicial Magistrate, Sadul Shahar dated 28.9.1999 was confirmed whereby the petitioners were convicted under Section 19/54, Rajasthan Excise Act and ordered to undergo the year rigorous imprisonment and fine of Rs. 500/ -; in default to further undergo 3 months simple imprisonment.

(2.) IT is not necessary to give the facts of the case because the learned Counsel for the petitioners has not advanced arguments on the merits of the conviction. I have also perused the judgments of the two courts below in which the learned judicial Magistrate and in appeal the learned Additional Sessions Judge has considered the oral and documentary evidence and have reached the concurrent finding of conviction after giving cogent lessons to accept the prosecution evidence. I do not see any legal or any other grounds to interfere in the concurrent findings of the two courts below.

(3.) I have considered regarding the quantum of sentence. Having considered the over all facts and circumstances of the case, I deem it just and proper to reduce the sentence of imprisonment to the period already undergone but to enhance the fine of Rs. 500/ - to Rs. 1000/ -and in default to undergo simple imprisonment for three months.