RAJJAH Vs. STATE

JUDGEMENT

(1.) THE four petitioners were tried and convicted by the 7th Magistrate, City Criminal Court, Hyderabad City, for an offence under Section 9 read with Section 31 of the Hyderabad Abkari Act and each of them was sentenced to three month's rigorous imprisonment and to a fine of Rs. 50/ -. On appeal, the convictions and sentences were confirmed by the Sessions Judge, Hyderabad and Secunderabad. Hence, these revisions.

(2.) THE case of the prosecution as deposed to by P. "w, 1, the Excise Inspector and the Panch witness P. W. 2, is as follows: On 5-9-1955 at about 9 P. M. , P. W. 1 received information that illicit liquor was about to be transported in a motor car from Dhaolpet via Bhongir Road to Aliar, P. W. 1, with a police party was lying in wait at Thagi Jail. At about 1 A. M. a motor car was seen coming from the direction of Ghadarghat bridge. When it came near the waiting party, the car was stopped. The car was being driven by Qadar Khan (A3) and inside the car were seated Rajiah (A. 2), Abdul Sattar (A. 4) Sattar Khan (A. 5) and Ibrahim (A. I), who is dead. On a search of the car, from inside the car four motor tubes filled with illicit liquor were seized and from the dicky four more tubes full of liquor were recovered. The liquor in all the 8 tubes was measured and it came up to 65 gallons. The car in question belonged to one Veeraiah', who figured as accused 6 at the trial, but he has been acquitted. A 'panchnama' was prepared for the seizure of the contraband and it was attested by P. W. 2 and another. The panchnama is Ex. P-1.

(3.) THE plea of the accused was a bare denial and four witnesses were examined on behalf of the defence. D. Ws. 1 and 2 stated that the accused Rajiah, Qadar Khan and Sattar Khan had come to take tea in D. W. l's hotel in Ghatkesar. They were sitting to a car. The Excise people came and searched their motor car but nothing was recovered. Then the Excise people took the accused to the Excise Office. D. Ws. 3 and 4 deposed that accused Ibrahim (since deceased) and Abdul Sattar were coming at about 1 A. M. on the night of the occurrence from the direction of the Chadarghat Bridge towards the clock-tower in Sultan Bazar and that the two witnesses were coming at that time from Prabhat talkies. A car was coming crossing the road at that; time. Rajiah then told them that while he was having tea at Ghatkesar, the Excise people had arrested him and he asked Ibrahim to inform his family about this. The Excise people saying that Ibrahim and Abdul Sattar were accomplices, took them by force in the motor car.