LAWS(HPH)-2007-12-25

STATE OF H.P. Vs. RATTAN LAL

Decided On December 24, 2007
STATE OF H.P. Appellant
V/S
RATTAN LAL Respondents

JUDGEMENT

(1.) THE respondent was allegedly found in possession of 374 pouches of country liquor, therefore, convicted by the trial court under Section 61(1)(a) of the Punjab Excise Act, as applicable to the State of Himachal Pradesh and sentenced to undergo rigorous imprisonment for a period of six months and also to pay a fine of Rs.2,000/-, which was challenged by an appeal before the learned Sessions Judge. The first appellate court, reappraised the evidence and set-aside the conviction and sentence and acquitted the respondent.

(2.) THE State has felt aggrieved from the acquittal passed by the first appellate court, accordingly the instant appeal has been filed. Whether reporters of local papers may be allowed to see the judgment? Yes. Heard and gone through the record.

(3.) THE respondent was charge-sheeted for the offence aforesaid, but he pleaded not guilty and claimed trial. After the complete trial, the respondent was convicted by the trial court, but in appeal, he was acquitted and his acquittal is assailed in this appeal.