LINGAPPA AND Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is a revision petition preferred by petitioners 1 and 2 against the judgment of the learned First Class Magistrate, Tumkur, in Criminal Appeal No. 61 of 1953, confirming that of the learned Second Magistrate, Tumkur, in C. C. No. 2066/52-53, convicting them of offences under Ss. 4(1) (a) and 4(1) (g), Mysore Prohibition Act and sentencing each, of them to undergo rigorous imprisonment for two months under each count and directing that the sentences should run consecutively.

(2.) The case for the prosecution was that on 3-6-1952 these petitioners were found in unlawful possession of I. D. arrack and materials used for the manufacture of I.D. arrack, in the house of A2 occupied both by A.I and A2 at Mallenahalli in Gubbi Taluk and that they thereby committed offences under Ss. 4(1) (a) and 4(1) (g) Prohibition Act. The petitioners pleaded 'not guilt' but the learned trial Magistrate ultimately, convicted and sentenced them as stated above. The petitioners took this judgment in appeal to the learned First Class Magistrate, Tumkur, who confirmed the conviction and sentence and dismissed the appeal, As against the latter decision, this revision petition is preferred.

(3.) The main point that arises for consideration is whether there are sufficient materials to interfere with the judgment of the lower Courts. The learned counsel for the petitioners attacked the judgment of the lower Courts on four grounds, viz.