BALWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this revision petition against the Judgment dated 29.01.1996 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act Cases, Jodhpur in Criminal Appeal No. 5/1996 whereby he partly allowed the appeal and while maintaining the conviction reduced the sentence from one year's simple imprisonment to six month's simple imprisonment and also reduced the fine amount from Rs. 5,000/- to Rs. 1,000/-, in default whereof to further undergo one month's simple imprisonment awarded vide judgment dated 16.12.1995 passed by the learned Chief Judicial Magistrate, Jodhpur in Criminal Case No. 11/1995 whereby he convicted the petitioner for the offence under Section 7/16 of the Prevention of Food Adulteration Act and sentenced him to undergo one year's simple imprisonment with fine of Rs. 5,000/-, in default whereof to further undergo three months' simple imprisonment.

(2.) The brief facts of the case are that the Food Inspector submitted a complaint before the learned trial court to the effect that on 01.02.1994, he inspected Sureshwar Hary & Provision Store, Chopasni Housing Board, Jodhpur of the petitioner and took sample of milk for examination and on chemical examination from the analyst, the same was found adulterated and thereafter the case was filed before the learned Chief Judicial Magistrate, Jodhpur.

(3.) The learned trial court, thereafter, framed charge under Section 7/16 of the Prevention of Food Adulteration Act against the petitioner to which petitioner denied and claimed for trial. To substantiate the charge, complainant Sampat Raj (PW-1) was examined. Thereafter, petitioner-accused was examined under Section 313 Cr. P.C. wherein he stated the prosecution case is false and did not lead any evidence in defence even after availing opportunity.