SOBRAN SINGH Vs. STATE OF MP

JUDGEMENT

(1.) The applicant has preferred this revision under section 397 of the Code of Criminal Procedure, feeling aggrieved by the appellate judgment dated 21/1/2004 passed by Third Additional Sessions Judge, Morena, in Cri. Appeal No. 339/03, whereby affirmed the judgment of conviction and sentence dated 17/1/2003, passed by Chief Judicial Magistrate, Morena, in Criminal Case No. 992/2003 wherein the applicant has been found guilty for the offence under section 34 (1) (a) (2) of the Excise Act and sentenced to one year RI with a fine of Rs. 25,000.00.

(2.) Briefly stated the facts of the case are, on 5/10/2002 at about 2.00 pm in the night near the culvert one tractor no. MP06-JA-348 was being checked by the police officers of Police Station Ambah, wherein 50 containers of countrymade liquor were found, the total quantity thereof was found to be 2000 ltrs. A seizure memo has been prepared. It is alleged that the driver of the vehicle-tractor concerned ran away from the spot. The tractor and liquor had been seized and the police officers returned back to the police station and registered the case under section 34 of the Excise Act. During investigation it is found that the concerning tractor trolley was registered in the name of the present applicant Sobran Singh, on which basis the applicant has been arrested and charge sheet has been filed against him for the offence under section 34 of the Excise Act.

(3.) The applicant/accused abjured the guilt and his defence is of false implication in this case. The learned trial Court after due appreciation of the entire evidence on record by the impugned judgment dated 17/1/2003 held the applicant/accused guilty for the offence punishable under section 34 (1) (a) (2) of the Excise Act and sentenced him as stated herein above; aggrieved by which the applicant has preferred a criminal appeal No. 339/2003, which has been dismissed by Third Additional Sessions Judge, Morena by the impugned judgments dated 21/1/2004. Hence, this revision petition by the applicant before this Court.