KARRI BHASKARA REDDY Vs. STATE

JUDGEMENT

(1.) This appeal arises out of the judgment dated 13-6-1994 in C.C.No. 23 of 1992 on the file of the Court of the I Additional Sessions Judge, Rajahmundry, convicting the appellant for an offence under Section 8(c) read with Section 18 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter called "the Act").

(2.) The appellant was charged for an offence under Section 8(c) read with Section 22 of the Act for being in possession of about 1.125 Kgs. of Opium, without any licence, permit or authorisation under the Act or the Rules or Orders made thereunder. The appellant pleaded not guilty of the offence charged against him. In support of its case, the prosecution examined six witnesses as P.Ws. 1 to 6 and marked Exs. P-1 to P-16 and M.Os. 1 to 8. After closure of the prosecution evidence, the appellant was examined under Section 313 Cr.P.C. He denied the offence. In support of his case, the appellant examined two witnesses as D.Ws. 1 and 2 and marked Exs. D-1 to D-4. The learned trial Judge believed the evidence of the prosecution and convicted the appellant for an offence under Section 8 (c) read with Section 18 of the Act and sentenced him to R.I for 10 years and a fine of Rs. 1 lakh, in default S.I. for one year, by the Judgment under appeal. Aggrieved thereby, the sole accused before the trial Court preferred this appeal.

(3.) The point for consideration is whether the prosecution brought home the guilt of the appellant beyond all reasonable doubt?