STATE OF PUNJAB Vs. GOKHA SINGH

JUDGEMENT

(1.) ON 25.2.1985. S.I. Hardev Singh (PW.2) was heading a Police Party which was on patrolling duty. On reaching village Sihar, Joginder Singh Chowkidar of the said village and one Jeon Singh were also associated in the party. While the said police party reached near the house of the accused, smoke was seen emanating form his house and on getting suspicious of it, the Police party entered the house and the accused was found distilling illicit liquor by installing a working still. The accused was apprehended and after dismantling the still, various components were taken into possession vide memo. Ext. PB. Ruqa Ext. PC was sent to the Police Station on the basis of which formal F.I.R. Ext. PC/1 was recorded. After completion of investigation, challan was presented in due course in the Court.

(2.) THE trial Court framed charge under Section 61(1)(c) of the Punjab Excise Act. The accused denied the charge and while pleading not guilty, claimed trial.

(3.) TO substantiate allegation against the accused, prosecution examined Shri. Dayal Singh, Excise and Taxation Officer (PW -1) and ASI Hardev Singh (PW -2). Affidavits of formal witnesses to prove the link evidence alongwith the Chemical Examiner's report Ext. PE were also tendered. On the closure of prosecution evidence, when examined under Section 313 Cr. P.C. the accused denied all the incriminating prosecution evidence against him and pleaded false implication by the police at the hands of his own real brother Pritam Singh with whom he had land litigation. In Defence, Jangir Singh (DW.1) and Jaswant Singh (DW.2) were examined and copy of the plaint Ext. D.1 in support of the plea of pending Civil litigation between the accused and said brother was also tendered in evidence.