MAGH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It is not necessary to state the facts leading to this revision petition as Mr. M L. Garg, learned counsel for the petitioner has canvassed only one point before me, namely that the accused petitioner should be given benefit of Sec. 360, Cr. P.C.

(2.) The accused-petitioner was convicted by the Judicial Magistrate, First Class, No. 1, Sri Ganganagar under Sec. 54 (a)(c) and (d) of the Rajasthan Excise Act (No. II of 1950)(for short the Act herein). He sentenced the accused-petitioner to 9 months rigorous imprisonment and to pay a fine of Rs. 200.00 on each count and in default of payment of fine, to further undergo rigorous imprisonment for the one month. It may be stated here that on behalf of the petitioner it was submitted that as he is the first offender, he may be given benefit of the probation of Offenders Act 1958 (hereinafter referred to as the Act of 1958). The learned judicial Magistrate declined to give him the benefit of the Act of 1958. The accused petitioner filed an appeal against the conviction and sentence. The learned sessions Judge, Sri Ganganagar held that the offence under s. 54 (a) (c) and (d) of the Act has been established against the accused petitioner. He however, reduced the sentence of imprisonment and fine. He ordered that the accused petitioner would under go 6 months rigorous imprisonment and to pay a Sue of Rs. 100.00 on each count and in default of payment thereof, to undergo further regorous imprisonment of one month. In this way, he accepted the appeal in part in so far as it related to the sentence. The petitioner has filed this revision petition questioning the correctness of the judgment dated July 22, 1981 of the sessions Judge, Sriganganagar.

(3.) Mr. M.L. Garg, learned counsel for the petitioner has raised one contention only. He submitted that the offence under s. 54 of the Act is punishable with three years imprisonment and a fine which may extend to Rs. 2000.00, but still it does not exclude the applicability of the provisions of s. 360, Cr. P.C.