STATE OF H.P. Vs. BALJIT SINGH

JUDGEMENT

(1.) The present appeal is maintained by the appellant/State, laying challenge to judgment dated 13.11.2007, passed by learned Judicial Magistrate 1st Class, Court No. 1, Shimla, H.P., in Criminal Case No. 19/2 of 2002, whereby the accused persons/respondents (hereinafter referred to as "the accused persons") were acquitted for the commission of offence punishable under Section 61(1)(a) of the Punjab Excise Act.

(2.) Succinctly, as per the prosecution story, the facts giving rise to the present case can be summarized thus:

(3.) The prosecution, in order to prove its case, examined as many as fourteen witnesses. Statements of the accused persons were recorded under Section 313 Cr.P.C., wherein they pleaded not guilty. However, in defence, the accused persons did not lead any defence evidence.