MALUK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Maluk Singh was convicted by Shri B.S. Mehandiratta, Judicial Magistrate Ist Class, Dasuya, under Section 61(1)(a) and 61(1)(c) of the Punjab Excise Act, 1914 , vide his order dated February 12, 1985, and was sentenced to undergo R.I. for six months and a fine of Rs. 1000/- in default of payment of fine further R.I. for three months under the first count; and to R.I. for one year and a fine of Rs. 5000/- in default of payment of fine further R.I. for six months under the second count. His appeal against his conviction and sentence was dismissed by Shri Amarbir Singh Gill, Sessions Judge, Hoshiarpur, vide his order dated December 12, 1985. Feeling aggrieved, he has filed this revision.

(2.) Brief facts of the case are that on April 11, 1982, S.I. Harish Kumar P.W. organised a raiding party consisting of police officials and proceeded to village Talwandi Daddian for excise raid. On reaching the outskirts of the village, the police party was divided into separate parties and one party was headed by S.I. Harish Kumar and Head Constable Shiv Singh and Sukhpal Singh. When they reached near the Bein rivulet, they noticed smoke rising in the sky on the eastern bank of the Bein rivulet. The police party raided that place and found petitioner operating working still and distilling illicit liquor. He was arrested and the working stilled cooled down and dismantled. After necessary investigation, he was challaned and convicted.

(3.) Prosecution in support of its case examined only official witnesses and the explanation for non-joining of independent witnesses given by the investigation officer was that there is acute party faction in the village and none was willing to join.