Ramraj Prasad vs State of Jharkhand - 2021 Supreme(Jhk) 588

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Jhk) 588

ANUBHA RAWAT CHOUDHARY
Ramraj Prasad – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Ms. Gouri Devi, Advocate
For the Respondent: Mr. Shekhar Sinha, P.P.

JUDGMENT :

Heard Ms. Gouri Devi, the learned counsel appearing on behalf of the petitioners.

2. Heard Mr. Shekhar Sinha, the learned P.P. appearing on behalf of Opposite Party-State.

3. The present criminal revision petition is directed against the judgment dated 27.03.2012 passed by the learned Addl. Sessions Judge-1, Jamshedpur in Criminal Appeal No. 198/2009 whereby and whereunder the learned appellate court affirmed the conviction of the petitioners under Section 47(a) of Bihar Excise Act, as adapted by the State of Jharkhand, (hereinafter referred to as the Excise Act), but modified and reduced their sentences to Simple Imprisonment for 06 months each and to pay fine of Rs.500/- each and in default of payment of fine, to undergo Simple Imprisonment for 15 days each. The period already undergone by the petitioners during investigation and trial was directed to be set off. The criminal appeal was dismissed with the modification in the sentences of the petitioners.

4. The learned trial court, vide judgment of conviction and the order of sentence dated 03.07.2009 passed by the learned Judicial Magistrate, 1st Class, East Singhbhum at Jamshedpur in G.R. Case No. 1040 of 2001/Tr. Case N