SULAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision filed against judgment dated 9.9.1995 passed by the learned Sessions Judge, Ferozepur dismissing the appeal of revisionist Sulakhan Singh s/o Mohinder Singh s/o Hakam Singh, resident of Aryanwala, Distt. Ferozepur which was filed against judgment and order dated 14.8.1995 passed by Judicial Magistrate Ist Class, Ferozepur convicting him under Section 61(1)(c) of Punjab Excise Act and sentencing him to undergo I year rigorous imprisonment and to pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo further simple imprisonment for two months.

(2.) THIS revision arises out of a case FIR No. 110 of 19.10.1993 registered under Section 61(1)(c) of the Punjab Excise Act pertaining to P.S. Guruharsahai in the session division of Ferozepur, State of Punjab. According to the prosecution case, on 19.10.1993, a police party headed by HC Rachhpal Singh, two Constables and one SPO who were on patrolling duty, were going on their respective cycles from Basti Kesar Singh Wali to village Nizar Chuggewala. The police party received a secret information through some informer about the revisionist, Sulkhan Singh was running a working still in Basti Labh Singh Wali near Chhapper and that if a raid is organised, it could yield recovery of illicit liquor and lahan in heavy quantity. The said secret information was noted vide ruqa Ex. P.C. which was sent to the police station through Constable Jagtar Singh and thereafter the said police party conducted the raid and apprehended the revisionist accused while running a working still. At the time of the raid, the revisionist was found fuelling the fire. Working still was allowed to be cooled down and it was broken. A quarter of sample was taken from the liquor and the remaining liquor was found to be 10 bottles of normal size used for storing liquor. 60 Kgs. of lahan was also recovered. These items were taken into police custody vide Ex.PA which was duly attested by the witnesses. A rough site plan Ex.PD was prepared by the police officer at the spot. The Excise Inspector Bal Krishan submitted his report as an expert after testing the lahan and gave his opinion vide report Ex. PB that the contents to be fermented lahan were fit for distillation of liquor. The sample of liquor was sent to Chemical Examiner, Bhatinda who gave his report Ex.PE certifying it to be the country liquor. During the investigations, the Investigating Officer recorded the statements of the prosecution witnesses and after completion of the investigation, submitted challan against the revisionist accused under Section 61(1)(c) of the Punjab Excise Act. The revisionist accused was summoned in the court of the Judicial Magistrate 1st Class, Ferozepur. He was booked for the offence noted above and after recording evidence of the prosecution witnesses namely LC Om Parkash, PW1, EI Bal Krishan PW2, C. Sukhjit Singh PW3 tendered his affidavit as PW3, HC Rachhpal Singh PW4, closed the evidence on behalf of the prosecution. Report of the Chemical Examiner Ex.PE and Ex.PF were tendered in evidence. The learned Judicial Magistrate Ist Class, Ferozepur thereafter recorded the statement of the accused under Section 313 Cr.P.C. who denied his complicity in this case and suggested false implication. He did not lead any evidence in defence. The learned Judicial Magistrate believed the prosecution evidence and found the accused guilty of the offence punishable under Section 61(1)(c) of the Punjab Excise Act vide judgment dated 14.8.1995 and sentenced him as aforesaid. An appeal filed against his conviction and sentence before the learned Sessions Judge, Ferozepur remained unsuccessful as the same was dismissed. The accused has now filed this revision challenging the judgments of the courts below. At the time of admission of the revision, the learned counsel for the revisionist prays the revision qua sentence only and it was for this limited purpose that notice of revision was issued to the AG Punjab. Mr. Vikas Cuccria, learned AAG for State of Punjab has put in his appearance. I have heard the learned counsel for the revisionist and the learned AAG for State of Punjab, respondent. The learned counsel for the revisionist submitted that at the time of conviction by the trial Magistrate, the revisionist was found to be aged about 18/19 years and at the time of the occurrence, he was aged below 18 years and was a minor at that time. He has also submitted that there is no previous conviction standing against the revisionist and this was the first conviction recorded against him and he is, therefore, a first offender. It was further mentioned that in fact a plea regarding the revisionist being released on probation being first offender was raised before the learned Judicial Magistrate Ist Class also; which was, however, declined.

(3.) THE case of the revisionist, in view of the facts and circumstances mentioned above, stands on a better footing than that of Charan Singh (supra). After hearing the learned counsel for the petitioner party and considering the facts and circumstances of the case, including the age and precedent of the revisionist, I find it to be a fit case where the benefit of the Section 4 of the Act be given to the revisionist. Resultantly, it is ordered that the revisionist shall be released on probation for a period of one year upon his furnishing a personal bond with one surety in the sum of Rs. 5,000/-. He shall be released on probation subject to the condition that during the period of probation, he shall keep peace and be of good behaviour and shall appear before the court of the learned Judicial Magistrate Ist Class, Ferozepur as and when called upon to receive that sentence during the period of probation. It shall be in the event of committing breach of the conditions imposed by this order. The substantive sentence of one year is allowed to stand as it is, but the sentence of fine in the facts and circumstances of the case is set aside. Fine, if paid, shall be refunded subject to the modification as aforesaid. This revision is disposed of. Revision allowed.