BHAIGA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has been convicted under Section 47(a) of the Bihar and Orissa Excise Act and sentenced to undergo S.I. for six months and to pay fine of Rs. 500/ -, in default to undergo S.I. for one month more, by the learned S.D.J.M., Keonjhar. .Being aggrieved by the said order, the petitioner preferred an appeal before the learned Sessions Judge, Keonjhar who has confirmed the order of conviction and sentence passed by the learned S.D.J.M., Keonjhar. Hence, this revision.

(2.) LEARNED counsel for the petitioner submits that the petitioner is now aged about 75. He challenges the order of conviction on the ground that the trial court should not have relied upon the version of the official witnesses in absence of any independent witness corroborating the said version P.W. 2 who is an independent witness being a person of the locality denied the case of the prosecution in toto so far as recovery of I.D. liquor from the house of the petitioner is concerned.

(3.) THE prosecution in order to prove the case examined altogether three witnesses. One witness was examined from the side of the defence. Out of the witnesses so examined by the prosecution, P.W. 3 is S.I. of Excise, P.W. 1 is A.S.I, of Excise and P.W. 2 is an outsider.