GHUK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced under Section 61(1)(c) of the Punjab Excise Act to rigorous imprisonment for one year and a fine of Rs. 5,000/ -, in default further rigorous imprisonment for six months by the Judicial Magistrate first class, Patti, vide his order dated 2nd September, 1981. The appeal was carried by the petitioner to the Court of Session but it failed there. The petitioner has no come up in revision to this Court.

(2.) ACCORDING to the prosecution case, on receipt of secret information Head Constable Ajit Singh PW -2 along with Head Constable Katha Singh PW -3 raided the village of the petitioner. They joined Rehmat Chowkidar who was examined as AW1 at the appellate stage. The petitioner was found working a still for the distillation of liquor.

(3.) REHMAT was given up as having been won over by the defence but on application during the appeal he was summoned and examined as AW -1. He contradicted the version given by the prosecution witnesses and supported the version given by the petitioner. In spite of the fact that he was a chowkidar and in a way under the influence of the police he did not support the prosecution version. The police, for reasons best known to it, did not choose to join any member of the Public except the chowkidar. The learned lower appellate Court has given no reason for discarding the evidence of Rehmat AW -1. In the circumstances, I am of the view that the petitioner is entitled to the benefit of doubt. Consequently I acquit him of the charge and set aside his sentence. The fine, if paid, would be refunded to him. Petition allowed.