RENU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 17/9/2011 in C.C.No.382/2008 on the file of the Court of Civil Judge and JMFC, Sakaleshapura and its confirmation judgment and order dtd. 14/2/2014 in Crl.A.No.112/2011 on the file of the Court of the Additional Sessions Judge at Hassan, has filed this revision petition seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offence punishable under Sec. 32(1) of the Karnataka Excise Act (for short 'Act').

(2.) The petitioner is the accused before the Trial Court and appellant before the Appellate Court. Brief facts of the case are as under:

(3.) It is the case of the prosecution that, on 7/2/2008 at about 5.00 p.m., on receiving credible information, the complainant and his team along with panchas went to Achangi Village, near Railway Bridge and noticed that the accused / petitioner was holding 10 litres capacity of plastic can. It is stated that, on seeing the complainant and his team, the petitioner had tried to escape from the spot. However, he was caught hold and on inspection, it is found that, the said plastic can contained illicit liquor. After seizing the said can and liquor, an FIR was registered against the petitioner and after investigation, a charge sheet came to be filed.