RATNAKAR PAIKRAY Vs. STATE OF ORISSA
SUPREME COURT OF INDIA
STATE OF ORISSA
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(1.)The appellant before us was convicted by the judicial magistrate 1st class, Bhubaneswar for an offence under section 47 (a) of the Bihar and Orissa Excise Act and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500 and in default of payment of fine to undergo further rigorous imprisonment for six months. An appeal filed against the said order came to be dismissed by the additional sessions judge, bhubaneswar, who confirmed the conviction made by the learned judicial magistrate but while so doing, the learned additional sessions judge came to the conclusion that in view of the age and possible reformation of the appellant, it is appropriate that the sentence of one year should be reduced to a period of three months RI. Width this modification, the appeal came to be dismissed. The High Court on a further revision rejected the same. The appellant is before us against the said judgments of the courts below.
(2.)We have heard learned counsel for the parties and perused the record.
(3.)We are satisfied that the conviction, based on the findings of the courts below, cannot be disturbed by us because they are based on material on record. Accordingly, the appeal, to that extent, is dismissed.
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