BALWINDER SINGH ALIAS LADU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted and sentenced to one year's rigorous imprisonment and a fine of Rs. 5000/ -, in default six months further rigorous imprisonment under section 61(1)(c) of the Punjab Excise Act by the trial Magistrate vide his judgment dated 3rd June, 1981. His conviction and sentence were confirmed by the lower appellate Court. However, he came up in revision to this Court, which was admitted on 7th October, 1982, and the petitioner was released on bail. The recovery of fine was also stayed.

(2.) ACCORDING to the prosecution, the petitioner was found working a still on 27h September, 1980, in the area of village Nabipur. The recovery was witnesses by Head Constable Jaswant Singh PW 1, Constable Gurdial Singh PW 2 and village chokidar Thakar Singh. Jaswant Singh Head Constable organised the raid party but he did not think of joining any person except the chowkidar from the village who is supposed to be under the influence of the police since as a village official he works under the control of the police. Thakar Singh chowkidar was not examined as a prosecution witness but was examined as DW 1. He supported the version of the defence in toto. A number of discrepancies were found in the statements of the two official prosecution witnesses, i.e. Head Constable Jaswant singh PW 1 and Constable Gurdial Singh PW 2, but the learned lower appellate Court brushed these aside by observing that the inability of these witnesses to stand the cross -examination was hardly of any consequence. I do not think that this was a cogent reason to overlook the discrepancies in the statements of the two official witnesses.

(3.) FOR the reasons stated above, I am of the view that the benefit of the doubt must go the petitioner in this case. Consequently this revision petition is allowed and the conviction and the sentence of the petitioner are set aside.