GORESAB MAKTUMSAB SARVANNAVAR Vs. STATE OF KARNATAKA, THROUGH SAVADATTI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) This is an appeal filed by the accused against the judgment of conviction and sentence passed by the Presiding Officer, Fast Track Court, Savadatti, wherein accused was convicted for the offence punishable under Section 273 of IPC and Section 34 of the Karnataka Excise Act.

(2.) Brief facts of this case are as under: On 04.11.2009, the complainant received the credible information that the accused by name Goresab Maktumbsab Sarvannavar of Yakkundi village is in possession of 5 liters of illicit liquor in one can. It was not fit for human consumption accused was found selling the same in front of his house situated at Yakkundi village for his own profit without any license or permit. The Investigating Officer raided the said place. Search and seizure was conducted. Contraband liquor was seized under a panchanama sample was also separately taken and seized with articles in the presence of panchas. The Investigating Officer returned to the police station and filed a complaint. Further investigation was made. The Seizured sample was sent for chemical analysis. The said seized article was found to be illicit liquor. Based on such investigation a charge sheet was filed against the accused for the of fences punishable under Sections 272, 273, 328 of IPC and for Section 34 of Karnataka Excise Act.

(3.) The prosecution got examined four witnesses as PWs.1 to 4 and got marked 7 documents and 2 material objects.