[2026:RJ-JP:2264]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 752/2007

1) Kajan Singh S/o Dhanpat Singh, R/o Varai P.S. Deeg (Abated)

2) Neeraj S/o Rajjo, R/o Daheli Darwaza, Deeg P.S. Deeg ----Petitioner Versus State of Rajasthan ----Respondent For Petitioner(s) : Mr. Harendra Singh For Respondent(s) : Mr. Vijay Singh Yadav, Addl. G.A.

HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

19/01/2026

1. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure has been filed by the accused-petitioners against the Judgment and Order dated 01.05.2007 passed by Additional Sessions Judge no. 1, Deeg, Bharatpur (hereinafter referred to as "appellate court") in Criminal Appeal No. 26/2006 (Kajan Singh & Anr. vs. State of Rajasthan) vide which criminal appeal filed by the accused-petitioner has been dismissed and the Judgment and Order dated 16.09.2006 passed by Additional Chief Judicial Magistrate, Deeg, Bharatpur (hereinafter referred to as "trial court") in Criminal Case no. 268/01 (State of Rajasthan vs. Kajan Singh & Anr.) convicting the petitioners for the offence under Section 19/54 of Rajasthan Excise Act and sentencing them to undergo one year simple imprisonment and to pay a fine of Rs. 2000/-, in default of payment of fine, to further undergo three months simple imprisonment, has been affirmed. Since the present revision has already been abated against the petitioner No. 1- Kajan Singh, the present revision now survived against petitioner No. 2- Neeraj only.

2. Facts of the case in short are that on 25.10.2000 Ganga Ram Meena (PW-5) along with his subordinates was discharging his duties on the route passing from Deeg to Kaman. They saw a tractor (ford) coming from opposite direction, and a trolley was attached with it. One person was driving the said tractor and another was sitting at Mud guard. When they saw excise team, the driver took a U-turn and drove the tractor in a zig zag manner. When Excise team stopped the tractor, persons sitting in the tractor ran away leaving the tractor and trolley. On searching the trolley, 6 sacks were recovered in said trolley, which contained total 2400 pouches of country made liquor. FIR was registered and investigation was commenced. During investigation accused- petitioner was arrested. After completing the investigation, the police submitted the challan against accused-petitioner for the offence under Section 19/54 of Rajasthan Excise Act before the concerned court. Substance of allegations were read over to the accused-petitioner, who denied the same and claimed for trial. After conclusion of trial, the trial court passed judgment and order dated 16.09.2006 convicting and sentencing the accused- petitioner for the offence under Section 19/54 of Rajasthan Excise Act as mentioned above. Thereafter, the petitioner filed an appeal and the appellate court vide its judgment dated 01.05.2007 dismissed the appeal and affirmed the judgment dated

16.09.2006 passed by the trial court. Hence, this criminal revision petition has been preferred by the accused-petitioner.

3. Heard learned counsel for the parties.

4. After arguing the matter on merits at some length, learned counsel for the accused-petitioner does not want to press instant revision petition challenging judgments passed by the courts below qua conviction and prefers to make submissions on the point of sentence only.

5. Learned counsel for the accused-petitioner has submitted that incident in the present case took place way back in the year 2000 i.e. around 25 years ago; accused-petitioner was 32 years of age at the time of incident and now he is around 57 years old and facing agony of trial for the past about 25 years; accused- petitioner who is sole bread earner in the family, belongs to poor strata of society and remained in police and judicial custody for a period of about 27 days and there is no previous conviction recorded against the accused-petitioner, there