- (1.)THIS is a revision application filed by the State against the order of the learned Sessions Judge, Jodhpur, dated 1st December, 1966, whereby, the learned Judge dismissed the revision application of the State which was filed to challenge the order of the Munsiff Magistrate, Bilara, dated 27th June, 1966 discharging accused Purasmal, Shantilal, Durga Ram and Rooparam of the charges under Section 420 read with Section 513 and Section 23 (c) of the Petroleum Act 1934.
(2.)THE facts giving rise to this litigation are as follows: Pukhraj, father of accused Shantilal and Parasmal, had a diesel pump at Bilara. Prahlad Ram, resident of Lamba village went to purchase diesel from that pump on 22nd July, 1965. He was told by Shantilal that the diesel was not available as the tank was empty, but he asked Prahlad Ram to come next day when he would make a supply of diesel to him. It appears that Prahlad Ram suspected a foul play to be practised by the dealers and, therefore, he chose to sleep at the diesel pump. At about 10 in the night Prahlad Ram saw that the four accused persons came to the diesel tank with the tins containing kerosene oil and started pouring that oil in the tank. Prahlad Ram got up and asked the accused persons not to mix kerosene oil as it was likely to damage the vehicles but they did not pay any heed to the advice given by Prahlad Ram. Prahlad Ram then made a report of this incident to the Pradhan of the Panchayat Samiti, Bilara who referred the matter to the Station House Officer, Police Station, Bilara. The Station House Officer went to the spot and sealed empty tins of kerosene near the diesel tank. He sealed the pump as the owner was not available on the spot and on 24th July, 1965 he took a sample from the diesel tank and sent the same for examination to the Central Forensic Science Laboratory, Calcutta. The result of the examination of the sample, as reported by the Director of the said Laboratory, was that the sample was an admixture of diesel and Kerosene oil. After investigation, a]l the four accused persons were challenged in the court of the Munsiff Magistrate, Bilara to be tried under Section 420 read with Section 511, Indian Penal Code and also Section 23 (c) of the Petroleum Act, 1934.
(3.)THE learned Magistrate after examining the accused persons discharged them on the ground that the act of the accused falls within the definition of 'preparation' and not 'attempt' and therefore no case was found to have been made out against them. A revision was filed against that order, but the learned Judge also endorsed the view of the learned Magistrate and dismissed the revision application. It is in this manner that this second revision has been filed before this Court by the State.