JOGA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) UNDER challenge herein is the judgment dated 14.9.1988 rendered by Sessions Judge, Jind dismissing the appeal of the petitioner and confirming the judgment/order dated 19.4.1987/21.4.1987 passed by the Sub- Divisional Judicial Magistrate, Safidon, whereby the petitioner has been convicted under Sections 61(1)(c) of the Punjab Excise Act and sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo two months rigorous imprisonment.

(2.) THE prosecution story, in brief, is that on 16.1.1983 at about 6.15 P.M., the petitioner was manufacturing illicit liquor by means of a working still. He was apprehended and investigation was carried out. After completion of investigation, the petitioner was challaned, tried, convicted and sentenced as noticed earlier.

(3.) P .W. 1 Dalip Singh, Excise Inspector is a formal witnesses. P.W. 2 Head Constable Krishan Lal and P.W. 3 Inspector Risal Singh are official witnesses. It is no doubt true that the prosecution case cannot be discarded or disbelieved merely on the ground that it consists of the evidence of the official witnesses but where an independent witness has been joined and he did not support the prosecution, rather supported the defence version then it casts a doubt on the truthfulness of the prosecution case.