STATE Vs. BHAGWANA

JUDGEMENT

(1.) THIS is a revision application on behalf of the State against the order of the learned Sessions Judge, Jhunjhunu dated 29-9-1956, by which he set aside the order of conviction of Bhagwana opposite party passed by the learned Sub divisional Magistrate, Nawalgarh and remanded the case to him with the direction to undertake fresh trial in accordance with law.

(2.) THE Excise Inspector Shri Bhawani Prasad submitted a report in the court of the sub Divisional Magistrate, Nawalgarh, that two bottles of illicit liquor were recovered from the house of the accused and further some liquid and instruments of distillation were taken possession of from his field and that thereby he had committed an offence under Section 54 of the Rajasthan Excise Act (hereinafter to be called the Act ). The learned Magistrate on the presentation of the report recorded the statement of Bhagwana. Bhagwana admitted the prosecution case and he was straightway convicted under Section 54 of the Act and was sentenced to three months simple imprisonment and to pay a fine of Rs. 500/-, in default to undergo further simple imprisonment for three months.

(3.) BHAGWANA filed an appeal to the court of the Sessions Judge, Jhunjhunu, and the learned Ses- sions Judge accepted the appeal and sent the case back for retrial.