BASAVARAJ PUTTAPPA HANAGAL Vs. STATE BY GUTTAL POLICE

JUDGEMENT

(1.) This revision petition is filed under Section 397 read with Section 401 of Cr.P.C. challenging the judgment of conviction against the revision petitioner for the offence punishable under Sections 32 and 34 of Karnataka Excise Act passed in C.C.No.751/2008 and also the judgment of confirmation passed in Crl.Apl.No.38/2009 and prayed this Court to set aside the same.

(2.) The brief facts of the case is that the complainant i.e., Excise Squad Haveri (PSI) had lodged the complaint alleging that he has received credible information that illegal liquor from the border of Gadag to Guttal is being transported. On the said information he along with PSI of Guttal police station went for patrolling duty and at around 4.30 a.m. they found a person who was carrying a bag and on verification they came to know that he was carrying six liters of illegal liquor. Based on the complaint the police have registered the case. The prosecution in order to prove the charges, relied upon the evidence of PWs.1 to 4 and also MOs.1 to 3. The Court below convicted the accused for the said offence and hence, first appeal is also filed and both the Courts below have committed an error and hence, the present revision petition.

(3.) The main grounds urged in the petition that the Courts below have failed to notice the contradictions in the complaint and the evidence adduced before the Courts and there are no any independent witnesses to support the case of the prosecution and the very seizure has not been proved and it is nothing but false implication of this petitioner and there is no any credible evidence before the Court and hence, he may be acquitted.