MALAYALI SAROJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In CC.2868 of 1973 in the Court of the Munsff and JMFC, Virajpet, a middle-aged woman by name Maleyali Saroja was convicted for an offence under S.13 read with S.32 (as charged) for the Karnataka Excise Act. She was convicted, The sentence was RI for a period of three months, and also to pay a fine of Rs.100 and, in default, SI for a further period of fifteen days. The accused went up in appeal to the Sessions Judge. Coorg, Mercara in Crl.App. 42 of 1974. The appeal was dismissed. Hence this revision petition.

(2.) Very briefly, the prosecution case is that at about 5 a.m. on 21-8- 1973 the Excise Inspection party consisting of PWs.1, 2 and another (who has not been examined) seized from the possession of the accused, three bottles of illicit distilled liquor in Virajpet Town in Coprg District.

(3.) Though Sri K. S. Gowrishankar, appearing for the petitioner- accused, was inclined to put forward several attacks against the order of conviction and sentence of the trial Court, upheld by the Sessions Judge, he ultimately confined himself only to two aspects which are the most crucial and determine the fate of this case.