ARJUN SITARAM DENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused-applicant in this case was working as a watchman in the Civil Hospital at Sholapur. He was prosecuted for an offence punishable under Sections 66 (1) (b) and 85 (1) of the Bombay Prohibition Act for consuming liquor and for behaving in disorderly manner on the night between May 12, 1972 and May 13, 1972 in the premises of the' Civil Hospital, Sholapur. That night, Head Constable Sidram Kale (P. W. 1) was on duty in Sadar Bazar Chowky. He received the telephonic message from the police station officer that the accused was behaving in a disorderly manner while under the influence of drink in the hospital premises itself. The Ward-boy Sable had sent this message on telephone to the Police Station Officer. In pursuance of the telephonic message, P. W. No. 1 Kale went to the Civil Hospital. He found the accused behaving in a disorderly manner. P. W. No. 1 Kale produced the accused before the Medical Officer Dr. Smt. Kishti (P. W. 4), who examined him and issued the certificate vide Exh. 19. The Medical Officer collected the sample of the intravenous blood of the accused, in a phial and duly sealed it. The forwarding letter in Form 'b' was also sent with the sealed phial. The forwarding letter and the packet containing the sealed phial were delivered to the Head Constable Sidram and this very sealed phial was subsequently sent to the Chemical Analyser, Bombay, whose report vide Ex. 12, shows that the blood contained 0. 126 per cent of W/v of ethyl alcohol. On these facts, the accused was prosecuted for the aforesaid offences.

(2.) THE accused admitted that he was examined by the Medical Officer, who collected his sample of the intravenous blood. However, he added that his relations with the then R. M. O. had been strained and therefore this false case has been concocted against him. He further stated that the blood phial was not handed over by the Medical Officer to the police on the day on which the blood was taken. According to the accused, on that night he had consumed 1. 1/5 cup of Jeevan Mixture as he was suffering from stomach-ache. It appears from record that in support of its case, the prosecution examined P. W. No. 1 Sidram Kale, Police Head Constable, P. W. No. 2 Ramchandra Ganesh Kulkarni, a Muddemal Clerk from Sadar Bazar Police Station, P. W. No. 3 Sambhaji Ishwarappa Kumbhar, the panch witness, P. W. No. 4, Dr. Vaijayanti Sadashiv Kisti, Medical Officer, and P. W. No. 5 Jagannath Manilal Rathod, another panch witness and P. W. No. 6 Rangnath Tukaram Kale another Police Constable, who had carried the sealed blood phial to the Chemical Analyser, Bombay. The accused has not examined anybody in his defence.

(3.) AFTER appreciating all the evidence on record, the Chief Judicial Magistrate, Sholapur, vide his judgment dated November 15, 1977, held the accused guilty for the offence under Section 66 (1) (b) of the Bombay Prohibition Act and sentenced him to undergo simple imprisonment till rising of the Court and to pay a fine of Rs. 100/-and in default of payment of fine to suffer further simple imprisonment for seven days. So far as the offence punishable under Section 85 (i) (ii) is concerned, the accused was acquitted of the said charge. Being aggrieved by this judgment of conviction and sentence, the accused filed an appeal before the Sessions Court, Sholapur. The Sessions Judge, Sholapur concurred with findings of fact recorded by the Judicial Magistrate and dismissed the appeal. Against these orders, the present Criminal Revision Application is filed by the accused.