MAHENDRA SINGH & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the judgment/order dated 10.6.2010 passed by ADJ No. 2, Alwar in Cr. Appeal No. 100/2009, whereby the appeal filed by the petitioners has been dismissed and the judgment/order dated 30.7.2008 passed by Judicial Magistrate No.2, Alwat in Cr. Case No. 68/2004 convicting the petitioners for the offence under Sec. 16/54 of Rajasthan Excise Act and sentencing them to undergo 1 years Rl with a fine of Rs. 1000.00; in default of payment of fine, to further undergo 1 months R1 has been affirmed.

(2.) Brief facts of the case are that on 22.9.2003, one Shri Bhagirath Mai, PO. was coming from Ghodapher Choraha at about 1.30 PM with EPF party Then one tractor tried to turn back as they saw the police party. The police party stopped them and asked their name and address and recovered illegal liquor from the said vehicle. The police, after completing all the formalities lodged the FIR and arrested the petitioners. Thereafter the police filed the challan against the petitioners for the offence under Sec. 16/54 oi Rajasthan Excise Act. The trial court framed the charges against the accused persons. They denied for the same and claimed for trial. The prosecutor produced its witnesses and got exhibited some documents. Thereafter the statements of the accused persons were recorded under Sec. 313 Cr.P.C After hearing both the sides the trial court, vide judgment dated 30.7.2008 convicted and sentenced the accused persons as indicated above. Against the said judgment, the appeal was filed. The appellate court vide judgment/order dated 10.6.2010 dismissed the appeal and affirmed the judgment/order passed by the trial court.

(3.) Against the said judgment, this revision petition has been filed by the accused petitioners.