SITA RAM Vs. STATE

JUDGEMENT

(1.) THE two applicants, Sita Ram and Roshan, have been convicted under Sec. 60 (2), Excise Act, and sentenced to six months' R. 1 and a fine of Rs. 2000/-, in default three months' further rigorous imprisonment.

(2.) THE prosecution case was that on 11-5-1978 a police party on patrol duty in village Barkhera, P. S. Kashipur, district Nainital, located two Bhattis preparing illicit liquor in operation in a sugarcane field. THE two applicants were operating one of these while Lekhraj and Dhyan Singh were operating the other. THE police party was able to capture applicant Sita Ram, Lekhraj and Dhyan Singh on the spot, but Roshan applicant managed to escape. THE party also recovered the paraphernalia of distilling liquor including some distilled liquor. THE persons operating each Bhatti were prosecuted in separate cases. THE Magistrate per his judgment dated 12-2-1980 recorded conviction in both the cases similarly sentencing the two sets of the accused. Separate appeals were filed against these convictions. THE applicant's appeal was dismissed by the 4th Additional Sessions Judge per his order dated 30-6-198)), but the appeal of the other set of accused (Lekhraj and Dhyan Singh) came to be transferred to the III Additional Sessions Judge and the judgment filed in the revision shows that on 14-7-1980 that appeal was allowed and that set of the accused acquitted.

(3.) THE learned Governments Advocate questioned the applicability of the principle of consistency in separate cases. He also pointed out that if applied it would only call for interference with the appellate judgment of acquittal in the case of Lekhraj and Dhyan singh which was delivered subsequent to the applicant's conviction by the lower appellate court.