DERAWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the revision petition is finally heard and being decided at the admission stage.

(2.) By the order dated 10-4-2006 he record of the trial Court was requisitioned, which has been received.

(3.) The petitioner has been convicted by the judgment and order dated 20-3-2006 passed by the Additional Chief Judicial Magistrate. Barmer (for short, "the trial Court" hereinafter) in Criminal Case No. 272/2004 for the offence under Sec. 19/54 of the Rajasthan Excise Act, 1950 (for short, "the Act" hereinafter) on the plea of guilty entered into by him and sentenced to undergo two years simple imprisonment and a fine of 1,000.00, in default of payment of fine further to undergo one month's simple imprisonment. The conviction and sentence recorded by the trial Court is on the plea of guilty and, therefore. in view of the provisions of Sec. 375 of the Code of Criminal Procedure. 1973 (for short, "the Code" hereinafter), the impugned order is not appealable, hence this revision.