LAL BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) THE accused Lal Bahadur has preferred this revision against the judgment and order dated 22nd of May 1981 passed by Sri U. S. Pandey, IV Addl. Sessions Judge, Mirzapur, dismissing the Criminal Appeal No. 161 of 1980 and confirming the applicant's conviction and sentence to undergo RI for a period of three months and to pay a fine of Rs. 500/- under Section 60 of the U. P. Excise Act.

(2.) THE facts which have given rise to this revision are put briefly as below.

(3.) THE prosecution examined Shiv Murat PW 1, Mohd. Nazir PW 2 and Yusuf PW 3 as witnesses of fact. Suresh Chandra Chaturvedi PW 4, Excise Inspector was produced as an expert to prove that the article recovered was illicit liquor. Rajendra Prasad PW 5 is a formal witness. THE learned Magistrate on a consideration of the entire evidence arrived at the conclusion that the three bottles recovered from the possession of the accused cantained illicit liquor. He has consequently convicted and sentenced him of the same. His appeal to the court of Sessions has been dismissed by Sri U.S. Pandey, Additional Sessions Judge on 25th of May 1981. Hence this revision.