RAM BHAROSEY Vs. STATE OF U P

JUDGEMENT

(1.) THESE are two connected Criminal Revisions by Ram Bharosey and Siya Ram accused against the judgment and order passed by Sri P. C. Saxena, Sessions Judge, Pilibhit dated 4-2-1981 by means of which he dismissed Criminal Appeals filed by them and upheld the conviction and sentence under Sec. 60 (b) of the Excise Act as made by Sri Rajendra Prasad Misra, Munsif Magistrate, Pilibhit. The learned Magistrate had sentenced each of these two applicants to under go rigorous imprisonment for six months and also to pay a fine of Rs. 2,000/-.

(2.) VERY briefly stated the prosecution case was that on 10-1-1980 Sub-Inspector Kripa Ram was on patrolling duty along with certain constables. He arrested one Dwarka Prasad with illicit liquor and on his interrogation it was revealed that illicit liquor was being distilled near Barhepura. The police party went there and saw distillation process on two bhattis at which these applicants were working. They were arrested. The illicit liquor at these bhattis was taken over and sealed. After investigations the applicants were prosecuted and have been convicted as aforesaid.