RAM SINGH ALIAS KHANNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Sec. 397/401 Cr.PC. is directed against the judgment and order of conviction dated 16.9.1992 passed by Additional Sessions Judge No. 3, Jodhpur (hereinafter referred to as 'the Appellate Court) in Criminal Appeal No. 3 of 1992, whereby the Appellate Court dismissed the appeal filed by petitioner against his conviction and sentence passed by Munsif and Judicial Magistrate, First class, Phalodi (hereinafter referred to as the trial court) in Criminal Original Case No. 73 of 1978, whereby the trial court found the petitioner guilt for the offence under Sec. 4/9 of the Opium Act (for short the Act) and convicted and sentenced him to undergo one year rigorous imprisonment. Aggrieved by the judgment impugned passed by the Appellate court, the accused petitioner preferred this revision petition.

(2.) The petitioner was tried for the offence under Sec. 4/9 of the Act since repealed on the allegations that on 2.1.1978 PW- 8 Magaram, SHO Police Station Lohawat, alongwith PW- 1 Deep Singh and PW- 2 Hukam Singh went to investigate some criminal case. While they were passing from village Chilla to Jalodha on the way they found the petitioner. His personal search was carried out and he was found in possession of 1.1 Kg Opium without licence. Accordingly, the said Opium was seized vide Exhibit- P1. The petitioner was arrested vide Exhibit- P2. First Information Report Exhibit- P6 was lodged with Police Station Lohawat. After investigation police filed challan against the petitioner in the trial court. In order to prove the case the prosecution examined PW- 1 Deep Singh, PW- 2 Hukam Singh, PW- 3 Man Singh, PW- 4 Bhanwarlal, PW- 5 Tulsidas, PW- 6 Ramlal, PW- 7 Rameshwar Prasad, PW- 8 Mangal Ram, PW- 9 Jai Singh and PW- 10 Ruparam. The prosecution proved seizure memo Exhibit- P1, arrest memo Exhibit- P2, F.I.R. Exhibit- P6, forensic science report analysing alleged contraband recovered from the petitioner vide Exhibit- P9 etc. The accused petitioner made statement under Sec. 313 Cr.PC. wherein he stated that while he was walking he was caught by the police and a case was prepared against him. On appreciation of the evidence, the trial court reached to the conclusion and found the accused petitioner guilty for the offence under Sec. 4/9 of the Act and convicted and sentenced him to undergo one year rigorous imprisonment. The petitioner preferred appeal against the conviction and sentence passed by the trial court. The Appellate Court on re- appreciation of the evidence and material on record reached to the conclusion that the prosecution beyond any manner of doubt and accordingly maintained the conviction and sentence passed by the trial court.

(3.) I have heard learned counsel for the petitioner and learned Public Prosecutor appearing for the State. Perused the record and order of the trial court as well as of the Appellate Court.