- (1.) ACCUSED -petitioner Dharmendra Singh was convicted and sentenced under Section 16/54 of the Rajasthan Excise Act, 1950 (for short "the Act of 1950") in Criminal Case No. 296/2006 on 11.2.2009 by Addl. Chief Judicial Magistrate, Raisinghnagar, District Sriganganagar, by one year's SI along with fine of Rs.1,000/ - and in default of payment of fine, one month's additional S.I. was imposed on him.
(2.) CRIMINAL Appeal No. 6/2009 filed by accused Dharmendra Singh was dismissed by the Addl. Sessions Judge, Raisinghnagar, District Sriganganagar on 4.7.2012 and the judgment of the trial court dated 11.2.2009 was upheld. Now, the accused -petitioner Dharmendra Singh has filed this revision and in this revision, he has prayed that either his sentence should be suspended or he may be released on undergone sentence because he does not want to contest the case on merits. The learned Public Prosecutor has submitted the list of fifteen cases against the accused -petitioner, out of which twelve cases are alleged to be pending in different courts and in two cases he has been convicted and in one case he was acquitted on the basis of a compromise filed by him. In the trial court, previous conviction was not alleged against the accused -petitioner, so the trial court has not framed a charge under Section 66 of the Act of 1950 against the accused -petitioner. In this Court also, prayer for amendment of charge has not been made by the learned Public Prosecutor. In these circumstances, I have heard the revision finally on merits.
(3.) THE learned Public Prosecutor has argued that the revision does not lie and the lower court has already taken a liberal view in respect of the petitioner, so his sentence also should not be reduced. On the other hand, accused -petitioner Dharmendra Singh has prayed only for release on undergone sentence but we will have to see the merits of the case also because if no case is made out, then the conviction of the accused -petitioner cannot be upheld.;