KARNEL SINGH @ KELI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved from order of dismissal of appeal dtd. 18/12/2003 against conviction order dtd. 17/2/2003 in Criminal Case No. 23/310/2001 passed by learned Judicial Magistrate No. 3, Alwar, instant revision petition is preferred by accused challenging the order of appeal dtd. 18/12/2003 in criminal appeal No. 38/2003 passed by learned Additional District and Sessions Judge No. 1, Alwar.

(2.) Heard submission of learned Counsel for appellant-petitioner and learned Public Prosecutor. Perused the record.

(3.) On 5/3/2000, Excise Inspector raided a Dhaba named as "Sher-E-Punjab" and found that present petitioner, who is owner of Dhaba ran away after seeing the excise party. On search, the excise party has seized a rubber tube containing approximately 100 bottles of liquor and after drawing memos on spot, a case was registered. Present petitioner was arrested on 28/3/2000 and a charge-sheet was filed under Sec. 16/54 of Rajasthan Excise Act. A charge under Sec. 16/54 of Rajasthan Excise Act was framed against the petitioner and prosecution has examined five witnesses in support and exhibited eight documents. Accused was examined under Sec. 313 Cr.P.C. and he denied the evidence led against him by the prosecution. He further opted not to submit any defence evidence. After concluding the argument learned Trial Court has convicted present petitioner under Sec. 16/54 of Rajasthan Excise Act and further sentenced him to undergo simple imprisonment of one year with a fine of Rs.1000.00. On an appeal preferred before learned Additional Sessions Judge No. 1, Alwar, the order of conviction was maintained but sentence was reduced to simple imprisonment of six months with fine of Rs.1000.00.