RAGHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS Raghbir Singh and Satta were both found working a still for illicit distillation of country made liquor in village Jajanwala in the territorial limits of Police Station Saddar Narwana of Jind district in Haryana State on 17th May, 1984.

(2.) VIDE judgment dated 1st June, 1989 learned Judicial Magistrate 1st Class, Narwana, convicted both the petitioners of the commission of the offence under section 6(1)(c) of the Punjab Excise Act, 1914 and sentenced each of them to rigorous imprisonment for a period of six months and to pay Rs. 500/- as fine. In default or payment of fine each one of the two convicted accused was ordered to undergo simple imprisonment for a further period of five months. Findings recorded by the learned trial court were affirmed by the learned Sessions Judge, Jind on 24th January, 1990. Feeling aggrieved therefrom both the convicted accused have jointly filed Criminal Revision No. 66 of 1990 in this Court. I have heard Shri S.S. Rathore, Advocate, for the petitioners, Shri R.N. Lohan, Advocate, for the State, and have carefully gone through the material on record.

(3.) SUB -section (4) of section 100 of the Criminal Procedure Code reads :-