KEHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced rigorous imprisonment for 1 -1/2 years and a fine of Rs. 5000, in default further rigorous imprisonment for six months, under section 61(1) (c) of the Punjab Excise Act. He carried an appeal to the Court of Sessions where it failed substantially inasmuch as the substantive sentence of imprisonment was reduced from 1 -1/2 years to one year's rigorous imprisonment and the sentence of imprisonment in default or payment of fine was reduced from six months to three months rigorous imprisonment.

(2.) THE prosecution case is that on 17th April, 1981, Head Constable Des Raj of Police Station Sadar, Ferozepur, received a secret information that the petitioner was working a still. He raided a place in the river bed in the area of village Megha. The petitioner was found working a still there. The component parts of the still were taken into possession. The petitioner was apprehended and after due investigations sent up for trial.

(3.) IN his statement under section 313 of the Code of Criminal Procedure the petitioner pleaded false implication at the instance of one Mohinder Singh. In his defence he produced Ballu Singh DW. 1 who supported the defence person.