GAUTAM KUCHBANDIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision has been preferred by the applicant being aggrieved by the judgment of conviction and order of sentence dated 29.06.2007, passed by learned Second Additional Sessions Judge, Hoshangabad, in Criminal Appeal No. 78/2006, whereby affirming the judgment of conviction and order of sentence passed by Judicial Magistrate First Class, Seonimalwa, District Hoshangabad, dated 29.09.2006, for the offences punishable under Sections 34(1)(A) and 49(A)(1) of M.P. Excise Act and sentenced to undergo one month and 6 months rigorous imprisonment and fine of Rs. 1,000/ - and Rs. 1,000/ - on each count respectively.

(2.) THE prosecution story in brief is that on 21.11.2001 the applicant on the handle of his cycle carrying two polythene bags. On being suspected by the S.I. Excise the applicant was stopped and two jerry cans were taken out of the polythene bags, which is in possession of the applicant contained illicit liquor. After adopting due procedure the applicant was charge -sheeted.

(3.) SHRI Kunal Dubey, learned counsel for the applicant had taken me through the entire evidence and submitted that the learned Courts below have committed error in holding the applicant guilty under Sections 34(1)(A) and 49(A)(1) of M.P. Excise Act. There are material contradictions, omissions in depositions of interested prosecution witnesses. In view of the aforesaid, it is prayed that revision be allowed and conviction and sentence recorded by the learned trial Court may be set aside.