SAJJAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed under Sec. 397/401 Crimial P.C. against the judgment and order dated 26.9.1996 passed by District and Sessions Judge, Pratapgarh (Camp Chittorgarh) (for short the Appellate Court ) in Criminal Appeal No. 10/1996 whereby the learned appellate partly allowed the appeal filed by the accused-petitioner and reduced the sentence awarded by the Munsiff and Judicial Magistrate, First Class, Kapasan, District Chittorgarh by his judgment and order dated 16.6.1987, from three years rigorous imprisonment to one year rigorous imprisonment and maintained the amount of fine. The Appellate Court further reduced the sentence awarded by the Trial Court in default of payment of fine from six months' rigorous imprisonment to three months' rigorous imprisonment.

(2.) Brief facts of the case are that on the information of Informant, on 1.3.1978 D.S.P, Kapasan checked Bus No. RRM 7304 which was going from Chittor to Nathdwara. On checking, he recovered 5.1 Kg opium from the possession of the accused-petitioner in a block ragazine bag, who was sitting on seat No. 31. Two samples of 30 gm each were taken for chemical testing and remaining substance was sealed. After completion of investigation, challan was filed against the accused-petitioner. On 5.3.1980 the Trial Court, after hearing, framed charge for the offence under Sec. 4/9 of Opium Act against the accused-petitioner to which he denied and claimed trial. To substantiate the charges, the prosecution examined 11 witnesses and exhibited documents. The accused-petitioner in his statement under Sec. 313 CR.P.C. denied the allegation levelled against him. He did not lead any evidence in defence.

(3.) At the conclusion of the trial, the learned Trial Court vide judgment and order dated 16.6.1987 convicted the accused-petitioner for the aforesaid offence and sentenced him for three years' rigorous imprisonment and imposed a fine of Rs. 1,000.00 and in default of payment of fine further directed to undergo six months' rigorous imprisonment. Being aggrieved by the same, the accused-petitioner preferred an appeal, which was partly allowed by the Appellate Court by its judgment dated 16.6.1987. By the said judgment the Appellate Court reduced the sentence awarded by the Trial Court from three years rigorous imprisonment to one year's rigorous imprisonment. The Appellate Court further reduced the sentence awarded in default of payment of fine from six month's rigorous imprisonment to three month's rigorous imprisonment. Hence, this revision.