GULAB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has preferred this revision petition against the judgment dated 24.01.1997 passed by the learned Additional Sessions Judge, No.3, Udaipur in Criminal Appeal No.49/1996 (3/1996) affirming the judgment dated 14.12.1995 passed by the learned Civil Judge (JD) cum Judicial Magistrate, Mavli in Criminal Case No.528/1992 whereby the petitioner was convicted for the offence under Section 16/54 of the Rajasthan Excise Act and was sentenced for a period of six months with fine of Rs.500/ - in default whereof to further undergo 15 days' simple imprisonment.

(2.) THE brief facts of the case are that on 01.11.1988, at about 11.20 a.m., Shri Shanti Tiparba, Excise Inspector, received information that the petitioner -accused was running workable still for making of illicit liquor at his residence. On receiving this information, the Excise Inspector, proceeded under Section 47 of the Rajasthan Excise Act and searched the residence with constable Badhavlal and other police party with motbirs Shiv Singh and Chaman Singh. On searching, workable still for producing liquor was found and that after seizing the articles and illicit liquor, the petitioner -accused was arrested. The illicit liquor (XXX) was sent for chemical examination and upon receipt of report (Ex.P/4) and after completion of investigation, charge -sheet under section 16/54 of the Rajasthan Excise Act was filed before the learned court below. Thereafter charge under section 16/54 of the Rajasthan Excise Act was framed against the petitioner -accused which he denied and claimed trial.

(3.) TO substantiate the charge, the prosecution examined as many as six witnesses. Thereafter, the petitioner was examined under Section 313 Cr.P.C. in which he stated the prosecution evidence as false and produced Hamer Singh as DW -1 in defence.