LOKNATH SOTHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this revision, the petitioner assails his conviction for the offence under section 7(a) of Bihar and Orissa Excise Act, 1915 and sentence of simple imprisonment for six months and fine of Rs. 500.00 in default, simple imprisonment for a further period of one month imposed on him by Judicial Magistrate, Second Class, Berhampur and affirmed by Sessions Judge, Ganjam, by the impugned judgment.

(2.) Prosecution alleged that on 25.2.1986 at Bijipur area in-the town of Berhampur, the petitioner was selling liquor inside a house. The petitioner took the plea that the case has been falsely foisted against him.

(3.) Prosecution examined four witnesses, out of whom P.W. 2 is the A.S.I. and P.W.4 the Inspector of Excise. Both claimed to have gone inside the above house and finding the petitioner selling liquor, seized two plastic jerricans (M.Os. I and II) containing 5 and 3 litres of 1.0. liquor in presence of two local witnesses P.Ws. 1 and 2. P.Ws. 1 and 2, however, did not support the prosecution case. Relying on the testimony of the two excise officers, the learned Magistrate recorded the order of conviction and passed the sentence aforestated.