LABH SINGH @ LADDA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused petitioner has filed this revision petition against his conviction and, sentence recorded by learned Munsif and Judicial Magistrate, Tijara in criminal case No. 760/77 who convicted him under Sec. 16/54 (D) of the Excise Act and sentenced to one year's rigorous imprisonment and imposed a fine of Rs. 100.00, in default of payment of fine to further undergo one month's rigorous imprisonment, and the appeal filed by the accused having been rejected by Additional Sessions Judge, Kishangarh Bas on 27-6-1983.

(2.) Earlier to entertainment of this revision petition, this Court accepted the application under Sec. 5 of the Limitation Act since the impugned order is of 1983.

(3.) The offence relates to year 1977 and there were two cases against the petitioner one under Sec. 379 Penal Code and the another under Sec. 16/54 (D) of the Excise Act. He was held guilty for both the cases in which he preferred appeals. The petitioner has not challenged his conviction and sentenced which was confirmed in appeal in case under Sec. 379 IPC. The accused did not appear at the time of disposal of the appeal and the same was dismissed in his absence. It, however, could not be communicated to him and he did not come in revision before this Court. It was in 1988 that he was arrested and brought before the Court after which he filed this petition.