MOHAN BEHERA Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision has been filed challenging the other of the Additional Sessions Judge, Bargarh in Criminal Appeal No. 35 of 1994 confirming the order of conviction passed by the J.M.F.C, Sohella in 2 (a) CC No. 22 of 1993, while reducing the sentence of imprisonment, but maintaining the sentence of fine.

(2.) PROSECUTION caste is that on 13 -11 -1992 at about 11.30 a.m. while the S.I. of Excise was on patrol duty along with his staff found the petitioner carrying I.D. liquor in a motor -cycle. The same was seized and on hydrometer test and blue litmus paper test, was found to be I.D. liquor. On the basis of investigation, 2 (a) CC No. 22 of 1993 was initiated and the petitioner was prosecuted under Section 47 (a) of the Bihar and Orissa Excise act.

(3.) THE trial Court, relying on the evidence of P.Ws. 3 and 4 and the tests said to have been made by the S.I. of Excise (P.W.4), found the petitioner guilty under Section 457 (a) of the Bihar and Orissa Excise Act and sentenced him to undergo S.I. for a period of six months and to pay a fine of Rs. 500.00, in default to undergo S. I. for two months more. On appeal preferred by the petitioner, the Additional Sessions Judge, Bargarh by his judgment dated 9.10.1996 in Criminal Appeal No. 35 of 1994 confirmed the order of conviction, but reduced the sentence of imprisonment to one month while maintaining the fine as stated above.