STATE OF H.P. Vs. PIARE LAL

JUDGEMENT

(1.) THIS is an appeal filed by the appellant-State of Himachal Pradesh against the judgment of the court of learned Additional Chief Judicial Magistrate, Hamirpur dated 10.2.1999, vide which the accused- respondent was acquitted of the charge framed against him under Section 61(1)(a) of the Punjab Excise Act as applicable to the State of Himachal Pradesh.

(2.) BRIEFLY stated the facts of the case are that a police party headed by PW-6 SI Mehar Chand and consisting of PW-1 LHC Ravindra Devi and PW-4 ASI Sarwan Kumar intercepted the accused coming on a scooter and on receipt of a secret information. Five bottles of illicit liquor were recovered from the scooter being driven by the accused. A case was registered against the respondent. After investigation the challan was filed in the court and respondent was tried by the learned trial court, resulting in his acquittal.

(3.) THE submissions made by the learned Additional Advocate General were that though the independent witness associated, namely PW-2 Jaswant Rai, has not supported the prosecution story, but the statements of official witnesses proved the guilt of the accused beyond any reasonable doubt. It was submitted that the statements of the official witnesses were not relied upon by the learned trial court on the basis of minor contradictions and infirmities in their statements as well as in the absence of independent corroboration. Thus it was submitted that the appeal is liable to be accepted and the findings recorded by the learned trial court are liable to be set aside.