ASHWINI KUMAR & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Perused the judgment dated 10.5.95 passed by the learned Sessions Judge, Jalore, whereby he dismissed the appeal filed by the petitioners and confirmed their conviction for the offence under section. 16/54, Excise Act and the sentence of one year's S.I. and fine of Rs. 200.00 imposed on them by the learned CJM, Jalore vide his judgment dated 22.7.92. I have also perused the judgment of the trial court.

(2.) Mr. Shan, learned counsel for the petitioner, does not challenge the conviction of the petitioners for the offence under section. 16/54, Excise Act. His only contention is that the learned lower courts have not exercised their jurisdiction jodiciously in not granting the benefit of probation to the petitioners.

(3.) The learned Public Prosecutor has supported the judgment of the learned lower court.