KRISHNAPPA Vs. STATE

JUDGEMENT

(1.) In this petition, the petitioner challenges the correctness and legality of the conviction and sentence passed on him by the Munsiff-Magistrate, Tiptur, in CC. No.229 of 1970, and confirmed -by the Sessions Judge, Tumkur, in Criminal Appeal No.13 of 1970.

(2.) The prosecution case as available in Column No.7 of the charge-sheet is that at about 6-30 A.M. on 20-2-1970 the Excise Inspector, Tiptur Range, Tiptur, along with Panchayatdars, raided the dwelling house of the petitioner at Mavinakere village and found incriminating articles as detailed in the search list and mentioned in column No.2 of the charge-sheet and therefore, the petitioner had committed an offence under S.34 of the Mysore Excise Act, 1965. (to be hereinafter referred to as the 'Act' in the course of this order).

(3.) When the petitioner was put up before the Magistrate, the learned Magistrate proceeded with the case applying the provisions of Chap.XX of the Crl.P.C. and dealt with the case in a summary manner. Column No.8 of the record in summary non-appealable cases maintained by the learned Magistrate, discloses that the offence complained of was put to the petitioner as follows as required by S.242 Crl.P.C.: "That on 20-2-70 at about 6-30 a.m. the accused noted in Col. No.5 was found in illegal possession of incriminating articles as detailed in the charge-sheet when searched by the Excise Inspector Tiptur Range, Tiptur, before the Panchayatdars in his dwelling house at Mavinakere village, Turuvekere Tq. after observing all formalities and the same was under a search list. Thereby the accused has committed an offence under S.34 of M.E.Act, 1965, and punishable under the same. What have you got to say? In column No.11, it is recorded in Kannada that the petitioner stated "Thappu Madidhene"