POMAPPA PUJAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been preferred by the appellantaccused being aggrieved by the judgment of conviction and order of sentence passed by the District and Sessions Judge, Koppal in SC No.25/2011 dated 09.01.2012, whereby the accused was acquitted of the offences punishable under Sections 273, 284, 328 of IPC and convicted for the offences punishable under Sections 32 and 34 of Karnataka Excise Act, 1965 (hereinafter called as 'the Act' for short).

(2.) I have heard the learned counsel for the appellant and learned HCGP for respondent-State.

(3.) The geneses of the complaint is that on 23.12.2010, complainant received credible information that a person is selling illicit liquor in Hulageri Tanda of Kushtagi Taluka. Immediately, he secured his staff and proceeded towards the spot and on the way he secured two panch witnesses and thereafter they went near the place of incident and started watching, where they noticed that one person was selling the liquor and two persons were taking the same in two glasses. Immediately, they made a raid. The person selling and the persons who were taking drinks ran away from that place in the said lane and at the place of incident, they verified and found three white plastic cans of 10 liters each illicit distilled liquor. The same were seized by drawing a mahazar and a complaint was registered. On the basis of the complaint, after investigation, the charge sheet was filed. Thereafter, the said case was committed to the Court of Sessions after supplying the case papers to the accused under Section 207 of Cr.P.C. The Sessions Court took cognizance and secured presence of the accused and after hearing, charge was prepared and read over to accused. Accused pleaded not guilty and the trial was fixed.