MANOJ KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though this petition is listed for admission, with the consent of learned counsel on both sides, the same is taken up for final disposal.

(2.) This criminal revision petition is filed by the petitioner/accused challenging the judgment dated 05.01.2017 rendered by the Court of IV Addl.District and Sessions Judge, Dakshina Kannada, Mangaluru in Crl.A.No.37/2016 confirming the judgment of conviction and order of sentence dated 22.01.2016 rendered by the Court of II JMFC, Mangaluru in C.C.No.781/2014 convicting the accused for the offence punishable under Section 36 of the Karnataka Excise Act.

(3.) The brief facts of the case is that on 01.01.2014 at about 12:05 in the night hours, the accused person in contravention of permit conditions, was selling liquor to the customers in Yashraj bar and Restaurant, situated in Averi Junction, Mangalore city thereby contravening Section 36 of the Karnataka Excise Act. After taking cognizance of the offence, PW.1 being the IO, filed charge sheet against the accused. Subsequently, after recording the plea of the accused, the prosecution examined in all six witnesses as PW.1 to PW.6 and got marked Exs.P.1 to P.9. After hearing the arguments advanced on both sides, the trial Court passed the impugned judgment convicting the accused for the offence punishable under Section 36 of the Karnataka Excise Act and sentenced him to pay fine of Rs.500/-, in default, to undergo SI for a period of 10 days.