- (1.) This Cr. Revision Petition has been filed by the petitioner against the judgment dated 8.8.2013 passed by Addl. Session Judge No.3, Alwar, District Alwar in Cr. Appeal No. 142/2011, whereby he dismissed the appeal filed by the petitioner and upheld the judgment and order dated 18.8.2010 passed by Judicial Magistrate No.1, Alwar, District Alwar in Cr. Case No. 23/38/2010 convicting the petitioner for the offence under Section 16/54 of Raj. Excise Act and sentencing him to undergo 1 year's SI with a fine of Rs. 1000/-; in default of payment of fine, to further undergo 2 months' SI.
(2.) Brief facts of the case are as under: "Santlal, ASI, Police Station, Kotwali, Alwar submitted a written report to the Station House Officer, Kotwali, Alwar. The police registered FIR No. 539/2006 for the offence under Section 16/54 of the Rajasthan Excise Act. After investigation, the police submitted a challan in the competent court against the petitioner. The trial court framed charges against the accused petitioner for the aforesaid offence, who denied for the same and claimed for trial. The prosecution produced its witnesses and got exhibited some documents. Thereafter the statement of the accused petitioner was recorded under Section 313 CrPC. After hearing both the sides, the learned trial court passed the impugned judgment dated 18.8.2010 convicting and sentencing the petitioner, for the offence under Section 16/54 of Rajasthan Excise Act, as indicated above. Against the said judgment, the petitioner preferred an appeal before the appellate court. The appellate court, vide judgment dated 8.8.2013 dismissed the appeal and affirmed the judgment dated 18.8.2010 passed by the trial court."
(3.) Against the said judgment of the appellate court dated 8.8.2013, this revision petition was preferred.;