MANGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANGA Singh and Surinder Pal petitioners were convicted by the Judicial Magistrate First Class, Patti, vide his judgment dated July 10, 1986, for an offence under Section 61(1)(a) of the Punjab Excise Act, 1914 (hereinafter called the Act) and sentenced to undergo Rigorous Imprisonment for two years and a fine of Rs. 2,000/-, in default to undergo further Rigorous Imprisonment for six months, each, The learned Sessions Judge, Amritsar. vide his judgment, dated October 4, 1986 dismissed the appeal filed against the judgment of the trial Court but reduced the sentence of each of the petitioners to rigorous imprisonment for one year and a fine of Rs. 1,000/- in default to further undergo rigorous imprisonment for six months.

(2.) IN this Revision petition the petitioners have challenged the judgments of both the Courts below.

(3.) AT the trial, the prosecution examined Assistant Sub Inspector Lakha Singh, Head Constable Surjit Singh and Constable Sarmukh Singh as witnesses to the recovery Report of the Chemical Examiner Exhibit PD and statements of formal witnesses on Affidavit Exhibit PE were also tendered into evidence. The petitioners denied the allegations of the prosecution and. ultimately they were convicted and sentenced as stated above.