BAIJURAM @ BAIJNATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision has been preferred against the judgment dated 01.11.2003 passed in Criminal Appeal No. 253 of 2003 by the Additional Sessions Judge, Sakti by which the judgment dated 08.10.2003 passed in Criminal Case No.1896 of 2003 by the Additional Chief Judicial Magistrate, Sakti convicting the applicant for offence under Sections 34(1)(a) and 34(2) of the Chhattisgarh Excise Act (for short, 'the Act') and sentencing him to undergo simple imprisonment for one year and to pay fine of Rs.25,000/-, in default of payment of fine, to further undergo simple imprisonment for four months, has been affirmed.

(2.) Prosecution story, in brief, is that on 23.08.2003 Excise Sub- Inspector PL Nayak (PW-1) received information from an informant that the present applicant was making country made liquor. On receiving this information, a raid was conducted by PL Nayak (PW-1) along with BD Patre (PW-4). They found 30 bulk litres country made liquor from the possession of the applicant which was seized vide Ex.P/3 and on getting tested, it was found to be country-made liquor. A case was made out against the applicant under Sections 34(1)(a), 34(2) and 59(a) of the Act and a charge-sheet was filed against him in the Court of Additional Chief Judicial Magistrate, Sakti. He registered a case being Criminal Case No.1896 of 2003 against the applicant and by the judgment dated 08.10.2003 convicted and sentenced him as mentioned in the first paragraph of this order. Being aggrieved by this judgment, the applicant preferred Criminal Appeal- 253 of 2003 before the Court of Session at Sakti in which the Additional Sessions Judge, Sakti by judgment dated 01.11.2003, dismissed the criminal appeal and affirmed the judgment of conviction and sentence passed by the Additional Chief Judicial Magistrate. Hence, the applicant preferred this revision.

(3.) The prosecution examined PL Nayak (PW-1) Excise Sub- Inspector, Santosh Kumar (PW-2), Muru (PW-3) and BD Patre (PW-4), Excise Head Constable out of which, PW- 2 and 3 turned hostile. No evidence was led in defence.