TITTAR Vs. STATE

JUDGEMENT

(1.) TITTAR Khatik and his son, Bhajan were convicted under Section 60 (b), U. P. Excise Act, and sentenced to six months' rigorous imprisonment. They preferred an appeal, which was unsuccessful. They have now come up to this Court in revision. The material facts are as follows :

(2.) A house in village Sahibganj said to belong to Tittar was raided on 20-4-1951, by Excise inspector, Ram Pratap Singh. The search witnesses who accompanied him were head constable lalta Singh P. W. 1, Amiruddin an octroi clerk P. W. 2 and Rafiq, an ekkawallah P. W. 5. According to the prosecution version, Tittar and Bhajan were found distilling liquor in the house. A Charbua, a bhapka, a pipe, an urnai, handsome distilled liquor and a quantity of mahua wash were saia to have been recovered from their possession.

(3.) THE accused pleaded that there was enmity between them and the Excise Inspector, Ram gopal Singh (Ram Gopal Singh was on leave and one of his subordinates, Ram Pratap was apparently officiating for him and carried out this raid ). That practically all the members of his family had been challaned under the Excise Act by Ram Gopal Singh on 15-11-1950 and it was the ill-feeling that existed between them and Ram Gopal Singh which was responsible for this false case being concocted against them. According to the accused they attended the Court of a magistrate in Gonda on 20-4-1951 and returned to their home at about 5-30 p. m. . It was while returning home that they were stopped by the Excise Inspector who was accompanied by a constable and two or three other persons and were challaned. This defence was disbelieved by both the Courts below and the petitioners were convicted and sentenced accordingly.