M.DEVARAJU Vs. STATE

JUDGEMENT

(1.) Being aggrieved by his conviction and sentence for the offences punishable under Ss. 32 and 34 of Karnataka Excise Act and Sec. 273 I.P.C, imposed by the trial Court, which came to be confirmed by the Session Court by dismissing the appeal filed by him, petitioner who is the accused has filed this petition under Sec. 397 r/w 401 Cr.P.C.

(2.) For the sake of convenience, the parties are referred to by their rank before the trial Court.

(3.) A charge sheet came to be filed against the accused for the offences punishable under Ss. 32 and 34 of Karnataka Excise Act and Sec. 273 of I.P.C, alleging that on 11/11/2010, during routine beat duty, when the Excise Sub-Inspector along with his staff received credible information that accused is selling illicit liquor near Babu Theatre, they along with two panchas reached the spot at around 6-15 p.m. They found accused with a tube containing 20 Ltrs of illicit liquor with an intention to sell the same. On sighting the excise officials and others, accused ran away from the spot. Though the Excise Sub-inspector and staff tried to apprehend him, he manage to escape. The illicit liquor was seized through mahazar. On examination by the chemical examiner, it was found to contain Ethyl alcohol and it is not fit for human consumption and thereby accused has committed the offences punishable under Sec. 32 and 34 of Karnataka Excise Act and Sec. 273 of I.P.C.