TEHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TEHAL Singh and Kahan Singh were convicted under Section 61(1)(c) of the Punjab Excise Act by Shri Amar Singh Ghuman, Judicial Magistrate Ist Class, Samrala, vide his order dated November 18, 1985, and were ordered to be released on probation on their furnishing security bonds in the sum of Rs. 10,000/- with one surety in the like amount. Their appeal was dismissed by Shri Dutt, Additional Sessions Judge, Ludhiana, vide his order dated January 15, 1986. Feeling aggrieved, they have filed this revision.

(2.) PROSECUTION case in brief is that A.S.I. Piara Singh accompanied by police officials left Police Station, Khammano on April 25, 1984, at 8.15 A.M. on patrol duty in Government jeep. When they reached Bus Stand, Khammano, A.S.I. received information that the petitioners were distilling illicit liquor in the fields of Tehal Singh and in case raid was conducted they could be apprehended. A raid was organised. Ram Kishan P.W. was joined in the raiding party. The party proceeded to the place disorder by the informant and on reaching there found accused working a still in a Kotha. Tehal Singh was found changing the water and Kahan Singh was feeding the fire. The still was dismantled, and its components taken into possession. After investigation, they were prosecuted and convicted.

(3.) MR . J.S. Wasu, Senior Advocate, learned Counsel for the petitioners has contended that Ram Kishan, the so-called independent witness, in fact, is under the influence of police. He has appeared in a large number of cases and does not satisfy the legal requirement of joining an independent witness. Even Ram Kishan has not been examined by the prosecution. In this situation, when non-official witness has not been joined, the evidence of the police officials is not sufficient to maintain the conviction.