STATE OF H P Vs. RANJEET KUMAR

JUDGEMENT

(1.) Instant Criminal Appeal filed under is directed against the judgment of acquittal, dated 23.9.2008, passed by learned Judicial Magistrate, 1st Class, Court No.II, Hamirpur, District Hamirpur, H.P., in Excise Case No.12-III/2005, whereby the respondents (hereinafter referred to as the accused) have been acquitted of charges framed against them under Section 61(1)(a) of Punjab Excise Act, as applicable to the State of HP (hereinafter referred to as Act).

(2.) Briefly stated facts as emerge from the record are that on 3.5.2005, ASI Gurdas alongwith HHC Karam Singh No.172 and HHC Santosh Kumar No.154 were on patrolling duty at Awha Devi Bazar. At about 12:45 AM while they were patrolling near Awha Devi Chowk, a vehicle bearing registration No.HP-22-A-0926 came on the spot, which was being driven by accused Suresh Kumar and other coaccused Ranjit Singh was sitting in the vehicle in question.

(3.) The learned trial Court after satisfying itself that a prima facie case exist against the accused, framed the charge under Section 61(1)(a) of the Act, against the accused, to which they pleaded not guilty and claimed trial.