DHARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to R.I. for one and half years and fine of Rs. 5000/ - in default R.I. for six months under section 61(1)(c) of the Punjab Excise Act by the Judicial Magistrate First Class, Ferozepur vide his order dated 1.6.1983. His conviction and sentence were upheld by the lower Appellate Court. The petitioner has come up in revision to this Court.

(2.) ON 20.4.1981 at 7.30. A.M. police party headed by H.C. Rajinder Singh conducted a raid in village Kanchawalia where the petitioner was found running a working still. He was apprehended. The working still was cooled down and dismantled and its components were taken into possession. The drum containing 100 kgs. of Lahan was also taken into possession. The petitioner took up the plea of false implication when examined under section 313 Cr.P.C. Admittedly the police party had raided the village Khandawalia on a secret information, but it did not care to join any independent person form the village. So the evidence consists of the Head Constable and one Excise Inspector.

(3.) MR Ravinder Chopra, learned counsel for the petitioner has taken me through the evidence of both these witnesses and has pointed out a number of discrepancies. The trial Court justified the discrepancies on the ground that since they are appearing as witnesses after a long time, they are bound to occur. I don't think in this situation, it can be said that the case against the petitioner stands proved beyond a shadow of doubt. Consequently, I give him the benefit of doubt and acquit him of the charge. Fine, if paid, would be refunded to him.