STATE OF RAJASTHAN Vs. SHERA RAM

JUDGEMENT

(1.) This criminal leave to appeal under Section 378(iii) & (i) Cr.P.C. has been filed by the State against judgment dated 24.05.2006 passed by learned Judicial Magistrate, Balesar, District Jodhpur in Criminal Original Case No. 80/98 (State v. Shera Ram) whereby the accused respondent has been acquitted of the offence under Section 19/54 of the Excise Act and under Section 3/25 of the Arms Act.

(2.) Briefly stated, facts of the case for disposal of the criminal leave to appeal are that on 09.03.1997 SHO Police Station, Balser with police party and motbirs reached to the house of accused Shera Ram at Chamu, opened the house after obtaining key from the accused and in presence of Motbir search was taken. In the house, a cot was lying and on that cot they found 6 bags of plain wine, one cartoon of James Bond whisky and 17 bottles of english wine and also one gun. The articles were seized by the police and the accused was asked about the licence for keeping wine and the gun. He denied having any licence for possessing liquor and the gun. A case was registered against accused respondent Shera Ram and after completion of investigation, charge-sheet under Section 19/54 of the Excise Act and Section 3/25 of the Arms Act was filed against him. After hearing both the sides, learned trial court framed charge against the accused respondent under Section 19/54 of the Excise Act and under Section 3/25 of the Arms Act.

(3.) The accused denied the charge and claimed trial. In support of its case, prosecution examined 13 witnesses and produced some documents in evidence. After close of the prosecution evidence, in the statement recorded under Section 313 Cr.P.C., the accused respondent denied the prosecution case and claimed himself to be innocent. In defence, no witness was examined. The learned trial court, after hearing learned Counsel for the parties, vide its judgment dated 24.05.2006 in Criminal Original Case No. 80/98, acquitted accused-respondent of the charge framed against him. Hence, the present criminal leave to appeal has been filed. Heard learned Public Prosecutor and carefully gone through the material available on record.