PREM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of the AddI. Sessions Judge (1), Alwar dated 8-6-79 by which he maintained the conviction of the petitioner for the offence under Section 54(d) of the Rajasthan Excise Act, but reduced the. sentence from 8 months to 6 months RI, and the fine from Rs. 300/- to 150/-, in default of payment of fine to further undergo one. months R.J.

(2.) The petitioner was prosecuted on the complaint of the Excise Inspector in the Court of Judicial Magistrate, Alwar. He was checked by the Excise Inspector on 16-5-74 and was found working on running still for taking out illicit liquor. The petitioner and one Chuttan were prosecuted in the Court of Judicial Magistrate, Alwar, who found each of them guilty for the offence charged with and sentenced them to 8 months R.I. and a fine of Rs. 300/-, in default of payment of fine to further undergo one months R.I.

(3.) In appeal accused Chuttan was acquitted by the learned Add!. Sessions Judge (1), Alwar, but the conviction of the petitioner was maintained and his sentence was reduced as mentioned above. This revision petition was admitted by this Court on 28-6-79 only on the question 9f the sentence. As such, this revision petitioner is not being heard on merit, but on the question of the sentence only. Mr. Sharma learned counsel for the petitioner argued that this incident took place on 16-5- 74 and on that date the petitioner was 18 years of age. It was incumbent on the lower Court to grant benefit of Section 360, Cr.P.C. as held in Hazari v. State1 by this Court.