JASBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JASBIR Singh petitioner was convicted under Section 61 (1)(a) of the Punjab Excise Act and sentenced to six months R.I. and a fine of Rs. 1,000/- or in default to undergo further R.I. for two months by the Judicial Magistrate Ist Class, Karnal, on December 13, 1985. On appeal, the conviction of the petitioner was upheld but the sentence of imprisonment was reduced to three months while maintaining the sentence of fine with its default clause by a lucid and detailed judgment of the learned Additional Sessions Judge, Karnal, dated 20th March, 1986 He has now come up by way of revision.

(2.) IT is unnecessary to recount the facts. Mr. K.S. Rajapuri appearing for the petitioner could not challenge the testimony of Assistant Sub-Inspector Daya Nand PW. 2 and Assistant Sub-Inspector Vajinder Singh PW. 3. The fragmentary challenge to the independence of the witnesses was, however, made on the ground that they were official witnesses. The Supreme Court has observed a number of times that the official witnesses being disinterested, their testimony cannot be doubted merely on their being official witnesses. The cross-examination directed against these witnesses has not elicited anything worth the name A which could possibly make a dent in the prosecution case and I would therefore affirm the findings of the Courts below and accept the testimony of these witnesses.

(3.) IN the result, I find no merit in the revision petition and dismiss the same.