RAMESHWAR PRASAD GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been preferred against the impugned -order dated 5 -4 -1999 passed by the learned Additional Sessions Judge No. 1, Kota in Criminal Case No. 5/90 whereby the said Appellate Court had upheld the order of the learned CJM Kota dated 27 -7 -1998 passed in Criminal Case No. 160/79 whereby the petitioner was convicted and sentenced as under:

(2.) THE case of the prosecution in short is that complaint was filed against the petitioner by the complainant -Enforcement Inspector on 21 -2 -1978 alleging that in the distribution register the accused -petitioner had made forged entries in violation of the conditions of the licence for running the fair price shop. On the basis of the said complaint, the statements of the witnesses were recorded before the learned CJM Kota. The trial Court vide its impugned -order dated 27 -7 -1998 held the petitioner guilty and convicted and sentenced the accused -petitioner as aforesaid. In appeal, the said order of the trial Court was upheld by the First Appellate Court i.e. Additional Sessions Judge No. 1, Kota vide order dated 5 -4,1999 passed in Criminal Appeal No. 5/90. Being aggrieved by the aforesaid orders, the petitioner has come up before this Court by way of the present revision petition.

(3.) AS a result of above discussion, I do not find any illegality, impropriety or any jurisdiction error in the impugned -order/judgment of the trial Court as well as the First Appellate Court. However, I do modify the irnpugned -orders dated 27.71998 and 5.4.1999 to the following effect: