GHEWAR CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner herein was convicted by the Judicial Magistrate, First Class, Ajmer for offence under Section 19/54 of the Rajasthan Excise Act. The petitioner was accordingly sentenced with six years simple imprisonment and fine of Rs. 500/-. On failure to pay the amount of fine, to further undergo one month simple imprisonment. The petitioner preferred an appeal, however, remained unsuccessful therein as appeal was also dismissed.

(2.) Learned counsel for petitioner submits that there was no evidence against petitioner to connect him with the crime. The Court below committed serious error in passing the impugned order, which in fact based on surmises and conjectures. The petitioner has already served jail for a more than period of one month, thus looking to the aforesaid, the impugned order of conviction and sentence may be set aside or the sentence may be reduced.

(3.) I have considered the submissions of learned counsel for petitioner and perused the record carefully.