KELKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order of Addl. Sessions Judge, Nagaur dated 2. 7. 83 whereby while maintaing the conviction u/s. 4 (2) of the Rajasthan Prohibition Act passed by learned Judicial Magistrate Nagaur, reduced the sentence of imprisonment from one year to six months S. I. and also reduced fine from Rs. 500/- to 200/- and in defaut of payment of fine to undergo further one month S. I.

(2.) BRIEF facts giving rise to this petition are that PW 1 Chiman Ram Excise Inspector, recovered 6 bottles vide Ex. 2 from the house of the petitioner. The sample was sent to Jaipur for chemical examination vide Ex. P-5 and on the basis of the report Ex. P-6 a challan u/ s. 4 (1) (c) and 4 (2) of the Rajasthan Prohibition Act, was filed. After due investigation and conclusion of trial, the learned Magistrate found the offence well established against petitioner and sentenced him as mentioned above On appeal, the same was dissmissed by the order of reamed Adl. Session Judge, dated 2. 7. 81. Hence this petition.

(3.) IT is also evident that no question has been put to accused in the statement u/s. 313 regarding report of the chemical examination. The very purpose of Sec. 313 Cr. P. C is to put the circumstances against the accused so that he may meet out the prosecution case and explain the circumstances brought by the prosecution to implicate him in the commission of the crime.