NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioners, as accused Nos.1 and 2 respectively, were tried by the Court of the learned Civil Judge and Judicial Magistrate First Class, Challakere, (henceforth for brevity referred to as "the Trial Court") in C.C.No.522/2008, for the offences punishable under Ss. 32 and 34 of the Karnataka Excise Act, 1965 (henceforth for brevity referred to as "the Excise Act ") and were convicted for the said offences by its judgment of conviction and order on sentence dtd. 10/11/2010. Aggrieved by the same, both the accused persons preferred a Criminal Appeal in the Court of the learned Additional District and Sessions Judge, Chitradurga (henceforth for brevity referred to as the "Sessions Judge's Court") in Criminal Appeal No.91/2010. The learned Sessions Judge's Court in its order dtd. 11/11/2013 dismissed the appeal filed by both the accused and confirmed the judgment of the Trial Court in C.C.No.522/2008. It is challenging the judgments passed by both the Trial Court as well the Sessions Judge's Court, both the accused have preferred the present revision petition.

(2.) The summary of the case of the prosecution in the trial Court is that on 17/11/2009 in the morning PW2-Pampapathi, then Circle Inspector of the respondent police received a credible information about few persons in an autorickshaw carrying large quantity of Whisky and related items unauthorisedly. Based upon the information, he summoned his staff including the Police Sub-Inspector (PW4) and panchas and proceeded to Somaguddu road near Sri Renuka Yellamma Temple, while they were waiting, they saw an autorickshaw bearing registration No.KA-16-5639 coming. They stopped the said autorickshaw and enquired the three inmates who were in the autorickshaw and noticed that they were unauthorisedly and illegally carrying Whisky bottles without possessing any licence or permission or document to retain or transport the same. However, two among them ran away from the place and accused No.1-Nagaraj was caught red handed on the spot and through him, the details of the other two co-accused were also ascertained by the complainant (PW2) and all the goods that was being carried by them in the autorickshaw was seized under a seizer panchanama as per Ex.P1. After registering the crime against them for the offence punishable under Ss. 32 and 34 of the Excise Act, a charge sheet was filed against three accused for the offence punishable under Ss. 32 and 34 of the Excise Act.

(3.) In order to prove the alleged guilt against the accused persons, the prosecution got examined in all seven witnesses from PW-1 to PW-7 and got marked documents from Exs.P-1 to P-4 and Material Objects from MO-1 to MO-2. Neither any witness was examined nor any documents were marked as Exhibits from the side of the accused persons.