JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to rigorous imprisonment for one year and a fine of Rs. 5,000, in default further rigorous imprisonment for three months, under section 61(1)(c) of the Punjab Excise Act by the trial Magistrate. His conviction and sentence were upheld by the lower appellate Court the petitioner has come up in revision in this Court.

(2.) ACCORDING to the prosecution evidence, the petitioner was found working a still in the area of village Churiwala on 13th February, 1981. The recovery was witnessed by Head Constable Arjinder Singh and Constable Baldev Singh. Inspite of the fact that Arjinder Singh Head Constable bad gone for an excise raid he did not care to join anybody from the public. There are major discrepancies in the statements of both these prosecution witnesses, for instance, Constable Baldev Singh P.W. 1 has stated that the raid party went in a jeep while Head Constable Arjinder Singh P.W. 3 stated that they went on a bicycle and crossed the river by a boat. P.W. 1 Baldev Singh Constable stated that there was no bridge on the river. On the other hand, Arjinder Singh Head Constable stated that he brought the case-property in a tractor trolley and crossed the rives over a bridge. Another significant fact, which cannot be lost sight of is that the case-property of this case was earlier exhibited in some other case. In view of the fact that there is no indpendent evidence on record and that - the evidence of both the police officials is discrepant on vital points the conviction of the petitioner cannot be sustained. Consequently I give the petitioner the benefit of doubt and acquit him. The fine, if paid, would be returned to him.