DAYA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Revision Petition has been filed by Daya Ram against his conviction under section 61(1)(a) of the Punjab Excise Act, for which offence he has been sentenced to six months Rigorous Imprisonment and a fine of Rs. 100/-, in default to undergo further Rigorous Imprisonment for three months. The conviction was recorded by the Chief Judicial Magistrate, Bhiwani and the same was affirmed in appeal by the learned Sessions Judge, Bhiwani.

(2.) THE allegation, in substance is that a about 1 a.m. on January 2, 1982, a patrol party consisting of Assistant Sub Inspector Roshan Lal (PW.2), Head Constable Rajinder Singh (P.W. 5) and Head Constable Maman Singh (P.W. 6)and others found the petitioner and one other person coming from the direction of Village Rampura in Rajasthan. Both of them were carrying a bundle each on their heads. On seeing the police party, they threw their bundles and ran away. They could not be apprehended. The allegation is that the bundle thrown by the petitioner was found to contain a bladder full of illicit liquor which measured 20/1/4 bottles. The petitioner was subsequently prosecuted, with the result already noticed.