SHANTABAI GURUNATH JADHAV Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by the accused - appellant, being aggrieved by the judgment of conviction and sentence dated 27.01.2011 passed by the Presiding Officer, Fast Track Court-II, Bidar sitting at Bhalki, convicting and sentencing the accused to undergo rigorous imprisonment for a period of three years and shall pay fine of Rs.4,000.00 for the offence punishable under section 328 of Indian Penal Code in default, she shall undergo simple imprisonment for a period of four months and the accused - appellant has also been sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Sec. 34 of the Karnataka Excise Act ('Act' for short) and shall pay the fine of Rs. 10,000.00, in default, she shall undergo simple imprisonment for a period of four months and the accused-appellant has been further sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Sec. 32 of the Act and shall pay fine of Rs. 10,000.00, in default, she shall undergo simple imprisonment for a period of four months and has further ordered that the accused is entitled for set-off for imprisonment already undergone.

(2.) The brief facts of the case of the prosecution before the trial Court are that, on 19.07.2009 at about 9:00 p.m., CW.9 received the credible information that accused was selling the country made liquor in her house, he along with his staff and panchas raided the house of the accused and seized the country made liquor stored in a tyre tube for sale, knowing very well that the said country made liquor is mixed with poison and harmful to the human life and further the said accused was not having the licence and permit from the Excise Department to sell the liquor and thereby committed an offence punishable under Sec. 328 of Penal Code read with Sections 32 and 34 of Act,

(3.) The trial Court framed charge against the accused for the offence punishable under Sec. 328 of Indian Penal Code and under Sections 32 and 34 of the Act.