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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Revision Petition No. 766/2023

Brij Lal S/o Kashi Ram, Aged About 57 Years, Chak 4 Rjm,

Gopalsar P.s. Rajiyasar Dist. Sri Ganganagar. (At Present Lodged

In Sub Jail, Nohar).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Vikas, on behalf of Mr. Rakesh

Moatoria

For Respondent(s)

:

Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/07/2023

1.

The petitioner was convicted and sentenced by the learned

Judicial Magistrate, Rawatsar, District Hanumangarh vide

judgment dated 18.09.2019 passed in Regular Criminal Case

No.186/2011 in the following terms :-

Offence for which convicted

Sentence, fine and default

sentence

Section 16/54 of the Rajasthan

Excise Act

3 years S.I., fine of Rs.20,000/-,

default sentence 1 month S.I.

Section 279 IPC

1 month S.I., fine of Rs.500/-,

default sentence 7 days S.I.

Section 336 IPC

1 month S.I., fine of Rs.500/-,

default sentence 7 days S.I.

Section 353 IPC

1 month S.I., fine of Rs.500/-,

default sentence 7 days S.I.

Section 3 of the PDPP Act

1 year S.I., fine of Rs.500/-, default

sentence 7 days S.I.

An appeal was filed by the petitioner challenging the aforesaid

judgment, which came to be partly allowed by the learned

Additional Sessions Judge No.1, Nohar, District Hanumangarh

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(Camp Rawatsar) vide judgment dated 03.07.2023 passed in

Criminal Appeal No.100/2019, whereby while maintaining the

conviction and sentence for the other offences, conviction of the

petitioner for the offence under Section 353 of the IPC was set

aside and he was acquitted from the said offence. Being

aggrieved by the aforesaid judgments, the petitioner has preferred

the instant revision petition under Section 397 read with Section

401 of the CrPC.

2.

Bereft of unnecessary details, the facts relevant and

essential for disposal of the instant revision petition are that on

17.01.2009 at 12.00 p.m. Mr. Rajneesh Pooniya, RPS, CO,

Rawatsar submitted a report at the Police Station Rawatsar to the

effect that on that on 17.01.2009 he alongwith other police

personnel conducted a Nakabandi at Chohilawali Tiraha in

Jakhdawali Rohi. At 06.00 p.m., they noticed a white unnumbered

Bolero vehicle coming from towards Suratgarh, in which four

persons including the driver were sitting. On signaling to stop the

vehicle, the driver broke Nakabandi and drove on Chohilawali Link

Road. The police team followed them in Government Gypsy, on

which the driver of the Bolero sped up the vehicle and continued

driving in rashless manner causing danger to the lives of public at

large. The pursuit continued for a while, during which, when the

police party tried to stop the Bolero vehicle by putting Gypsy

infront of it, the driver of the Bolero hit it, but did not stop. Finally

at 07.30 p.m. the Bolero was stuck in a sand dune in the field of

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Gurbachan Singh at Rohi Rawatsar. The four persons sitting in the

vehicle tried to escape from the spot. The driver and one other

persons were caught, while the other two made their escape good.

The persons, who were caught, told their names as Vijay Singh

and Brijlal and that the persons who ran away were Sandeep Jat

and Kanwar Singh Jat. They stated that they tried to flee because

the vehicle was loaded with illicit spirit meant to be used for

manufaturing country liquor. When the accused failed to furnish

any explanation or licence, the aforesaid spirit was seized and the

accused were arrested. On the basis of the aforesaid report FIR

No.17/2009 came to be registered at the Police Station and the

investigation commenced. After usual investigation, charge-sheet

was submitted against the accused persons for the offence under

Sec