MAVESH Vs. STATE OF MP

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of Cr.P.C. has been filed by the applicant being aggrieved by the judgment dated 2.12.2016 passed by Sessions Judge, Ashoknagar in Cri. Appeal No.87/2016, confirming the judgment dated 9.8.2016 passed by Judicial Magistrate First Class, Ashoknagar in Criminal Case No. 2262/2013, by which the applicant has been convicted under Section 34(1)(a) of MP Excise Act, 1915 and sentenced to undergo one month RI with fine of Rs.1000/- with default stipulation.

(2.) The prosecution story in brief is that on 21.12.2013 Devendra Singh Bheel, Head Constable, Police Kotwali Ashoknagar, received an information that the applicant was selling illegal liquor near Abhay Petrol Pump. He reached the spot and found 55 quarters of countrymade liquor lying in a plastic bag. On enquiry, the applicant denied to have any licence to sell or purchase of the said liquor. He was arrested and thereafter FIR was registered at Crime No.987/2013 for the offence under Section 34 (1) (a) of MP Excise Act. On completion of investigation, the police filed charge sheet before JMFC Ashoknagar.

(3.) After framing the charge and recording the evidence, the offence under Section 34 (1) (a) of MP Excise Act was found proved and the applicant was convicted and sentenced as stated herein above. Against the judgment of the trial court, the appeal was preferred which was dismissed. Hence, this revision petition.