PURAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 20.04.1995 passed by learned Additional District and Sessions Judge No. 1, Shri Ganganagar Camp Shri Karanpur in Criminal Appeal No. 33/1993, whereby the learned appellate court dismissed the appeal filed by the petitioner and upheld the judgment of conviction and order of sentence dated 25.05.1993 passed by the learned Additional Chief Judicial Magistrate, Shri Karanpur against the petitioner in Criminal Case No. 51/1988. By the said judgment the learned trial court convicted the accusedpetitioner under Section 54 (a), (c) and (d) of the Rajasthan Excise Act and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.500/- and in default of payment of fine, further to undergo simple imprisonment for one month.

(2.) THE brief facts giving rise to the present revision petition are that on 07.09.1987 the Excise Inspector of the Karanpur Circle while patrolling with E.P.F. Party in front of 44 GG Moga noticed fire in a Chulha near the canal. On suspicion they stopped and found that a man was pouring water in the utensil kept on the Chulha. On seeing the partolling party, that man ran away, who was identified by Ramnath to be Puran Singh S/o Daman Singh. He was followed but he fled away. On returning back, the partolling party recovered a Bhatti in running condition and also found 150 liters wash in a drum and 10 bottles of illicit liquor. A criminal case bearing No. 37/1987 under Section 54 (a), (c) and (d) of the Rajasthan Excise Act was registered against the petitioner and after usual investigation challan was filed against him before the competent court.

(3.) THE learned counsel for the petitioner contended that the learned trial court and the learned appellate court erred in appreciating the evidence of the prosecution because there is no evidence on record as to who identified the present petitioner Puran Singh at the spot because P.W.1 Shyolal deposed in his evidence that after hearing the sounds, a person ran away from the spot and Ramnath identified that person as Puran Singh and P.W.3 Ramnath deposed that he identified Puran Singh while he was running from the scene of offence, but there is no evidence on record that how Ramnath identified Puran Singh because there is nothing on record to show that he was knowing Puran Singh prior to the incident, therefore, the evidence of P.W.1 Shyolal and P.W.3 Ramnath does not inspire faith regarding identification of the present petitioner Puran Singh. Learned counsel for the petitioner further contended that in the absence of any such identification, it cannot be said that the recovery of the excise articles and illicit liquor was made from the conscious possession of petitioner Puran Singh.