GUTIA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the judgment dated 18.10.93 passed by the learned Additional Sessions Judge, Kotputli, whereby he dismissed the appeal in default for the absence of the petitioner and his advocate and upheld appellant's conviction and sentence Under section 54A Rajasthan Excise Act recorded by the learned Munsif and Judicial Magistrate-I, Shahpura, District Jaipur by his judgment and order dated 26.3.90, relying on the observations made by the Apex Court in Ram Naresh Yadav Vs. State of Bihar, AIR 1987 SC 1500 . Thus, the said appeal was not decided on merits.

(2.) Heard and perused the relevant record.

(3.) The Apex Court in its recent judgment given in Bani Singh & Others Vs. State of U.P., AIR 1996 SC 2439 has over-ruled the law laid down in Ram Naresh Yadav's case and resolving the conflict has held as under: