RADHA KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed under section 397 read with section 401 Cr.P.C. against the judgment dated 22.1.2004 passed by Addl. Sessions Judge No.1 Bundi in Criminal Appeal No. 24/99 whereby he dismissed the appeal and hupheld the jdugment dated 2.4.2009 of Chief Judicial Magistrate, Bundi, in Criminal Case No. 5/1994 whereby the accused petitioner was convicted under section 7 and 16 (1)(c) of Prevention of Food Adulteration Act, 1954 and sentenced to 6 months simple imprisonment and fine of Rs. 1,000/- and in default of payment of fine to further suffer one month additional simple imprisonment.

(2.) Brief facts giving rise to the present revision petition are that Food Inspector Hindoli filed a complaint against the petitioner on the charges that on 23.7.87 at about 11.40 a.m. when he went to the shop of accused petitioner and when he want to take sample of 'Alsi Oil' then the petitioner obstructed in the process of taking sample and also refused to take information memo. It was further alleged by him that the petitioner caught hold of him and abused him. The Food Inspector prepared a report Ex. P.4 at the place of occurrence and he informed the Health Officer and after obtaining the sanction he filed a complaint under section 7/16 of Food Adulteration Act. He also gave information to the police meaning thereby he lodged a report at the concerned police station Hindoli. On summonning the petitioner, he came to be tried, the procedure adopted by the trial court was adopted as warrant trial case. The prosecution produced Mohan Lal Sharma as PW.1, Ram Prasad as PW.2 and Dr. J.C. Jawa as PW.3. The accused petitioner was examined under section 313 Cr.P.C. in which he stated that no Alsi Oil was available in his shop. The Alsi oil which was lying in the tin was belonged to one agriculturist Jairam and he was present on spot at the time of alleged incident. In defence two witnesses were examined as Dw.1 Shankar and Dw.2 Jairam. After hearing the arguments, the trial court found the petitioner guilty for offence under section 7/16 (1)(c) of the Food Adulteration Act and sentenced him to 6 months simple imprisonment and a fine of Rs. 1,000/- in default of payment of fine to suffer further one month additional imprisonment vide judgment fated 2.4.1999. Thereafter the accused petitioner preferred an appeal against the judgment of the trial court before the Sessions Judge Bundi which was transferr4ed for disposal in the court of Additional Sessions Judge No.1 Bundi. The Additional Sessions Judge Bundi after hearing the arguments dismissed the appeal of the petitioner vide his jdugment dated 22.1.2004. Aggrieved against both these orders of the trial courts dated 2.4.1999 and 22.1.2004 this revision petition has been preferred.

(3.) Mr. S.K. Jain, learned counsel appearing for the accused petitioner has contended that the judgments dated 22.1.2004 and 2.4.1999 passed by both the courts below are patently illegal and perverse to the facts on the cord. He has further pointed out that a bare perusal of Ex. P.4 would show that it is exfacie clear that there were so many persons present at the relevant time but no body was ready to be the witness of the alleged incident. He has further drawn attention of this court to Ex. P.4 which would show that there are so many inrerpolation. The witnesses have not stated in their statements regarding presence of so many persons therefore no cross examination was done to the witnesses. He has further drawn attention of the prosecution witnesses and documents submitted by the prosecution. Hence he has requested to this court that the matter belongs to alleged incident of 1987 which is 25 years ago and the accused petitioner is facing trial for the last 25 years. This caused mental agony which is more than conviction ahd hence he should be released on probation.