SADANAND AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THE appellants are accused Nos. 1 and 2 before the I Addl. Sessions Judge at Gulbarga, in S.C. No. 299/2009 and were convicted for the offence punishable under Sections 32 and 34 of the Karnataka Excise Act. However, acquitted for the offence punishable under Section 328 of IPC. The State appears to have not preferred any appeal so far as the acquittal of the appellants for the offence punishable under Section 328 of IPC, and the same reached its finality.

(2.) I have heard the arguments of the learned counsel for the appellants as well as learned High Court Government Pleader for respondent. Perused the records.

(3.) I have carefully reevaluated the evidence of the prosecution. PW. 1 Vijaya Anche police inspector, DCRB, Gulbarga, who in fact conducted the raid along with the pancha witnesses. PW. 2 one Prakash the police constable of Excise and Lottery Prohibition Cell, Gulbarga who secured the presence of pancha witnesses and took them to the spot. PW. 3 Shanmukappa another police constable attached to the Excise and lottery prohibition squad, he also accompanied the raiding party. PW. 4 -one Ningappa is also another police constable who accompanied the raiding party. One Sunil Kumar, is the APC attached the said police station, who also accompanied the raid party. PW. 6 -Lokesh is the public analyst who examined the seized articles sent for examination by the investigating officer. PW. 7 -Amit, one of the pancha witnesses to the mahazar, who turned totally hostile to the prosecution. PW. 8 -Mohan is also another pancha witness turned hostile to the prosecution. PW. 9 -Syed Mehboob is head constable attached to the above said police station is also in fact accompanied the raiding party. PW. 10 -Ramayya who is also part of the raiding party. PW. 11 -Panduranga is also the police constable attached to the above said police station, who also part of the raiding party. PW. 12 -is the investigating officer who further investigated the matter sent the seized articles to FSL and obtained his report and submitted the charge sheet.