KAKU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Judgment dated 07.05.2007 passed by learned Sessions Judge, Faridkot (appellate Court-for short) in Criminal Appeal No.10 of 23.02.2007 upsetting judgment dated 03.01.2007 of the Court of learned Judicial Magistrate 1st Class, Faridkot (trial Court-for short) is under challenge in this criminal revision brought by the convict-petitioner.

(2.) Petitioner was prosecuted on the allegations that Head Constable Balwant Singh (PW4) the Investigating Officer of the case, accompanied by a police party, reached the spot i.e. house of the petitioner, pursuant to a secret information and found that the petitioner was having a working still in his house. The working still, according to case of the prosecution, was cooled down, dismantled, from the drum boiler, "Lahan" weighing 10 Kgs and from the receiver illicit liquor measuring 750 mls were recovered. On completion of investigation the petitioner was challaned and charged by the learned trial Court under Section 16(1)(c) of the Punjab Excise Act, 1914 (for short 'the Act'). Petitioner pleaded not guilty to the charge and claimed trial. Prosecution examined six witnesses including the Investigating Officer (PW4). All the incriminating circumstances appearing in the evidence of the prosecution were put to the petitioner in his statement under Section 313 of Criminal Procedure Code 1973 (Cr.P.C.-for short). Petitioner denied all these circumstances as incorrect and reiterated plea of his innocence and false implication. He, however, did not lead any evidence in his defence.

(3.) On hearing, the prosecution and the defence, learned trial Court reached the conclusion that the prosecution was not able to prove guilt of the petitioner beyond reasonable doubt and, accordingly, acquitted him of the offence charged against him, vide judgment dated 03.01.2007. On appeal, Court of learned Sessions Judge, Faridkot, reversed the findings recorded by the learned trial Magistrate and, vide the judgment/order dated 07.05.2007, convicted and sentenced the petitioner to rigorous imprisonment for a period of one year with fine amounting to Rs.5,000/- and in default of payment of fine, to further rigorous imprisonment for two months, under Section 61(1)(c) of the Act.