KANAKSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present revision application u/s 397 r/w Sec. 401 of the Code of Criminal Procedure, 1973 is filed by the petitioners - accused being aggrieved with the judgment and order dtd. 12/2/2009 passed by the learned JMFC, Una in Criminal Case No.689 of 2008 and confirmed by judgment and order dtd. 8/11/2012 passed by the learned Addl. Sessions Judge, Una in Criminal Appeal No.11 of 2012 (old No.3 of 2009).

(2.) The prosecution case is that the petitioners accused were travelling his their Mahindra jeep having registration No.GJ 4 D 4962 with Indian made foreign liquor and bear from Una to Div and near village Naliya Mandavi, they were intercepted and arrested by the police.

(3.) Charge was framed. The petitioner pleaded not guilty and claimed to be tried. Therefore, the case was returned for recording the prosecution evidence. In all, the prosecution has examined total 06 witnesses, as also produced the 04 number of documentary evidence. The learned trial Court having appreciated the said evidence recorded the finding as noted in the judgment culminated in conviction as stated supra followed by imposition of punishment as above, which has been unsuccessfully challenged before the first appellate Court and thus present revision is filed.