RAJESHWAR PRASAD SINGH Vs. PROVINCE OF BIHAR
HIGH COURT OF PATNA
RAJESHWAR PRASAD SINGH
PROVINCE OF BIHAR
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NARAYAN, J. -
(1.) THIS application is directed against an order of Mr. B. Fraahad, Sessions Judge of Gaya, upholding the conviction of the applicant under Section 47 (a), Excise Act.
(2.) THE prosecution case was that the applicant had been found in possession of one seer of ganja, and that he had admitted his guilt before two Excise officers. The learned Magistrate sentenced him to undergo rigorous imprisonment for a period of four months, and this sentence has been upheld by the learned Sessions Judge.
The rule was argued before us on three grounds, (i) that the learned Judge has committed an error of record inasmuch as he is wrong in his statement that "the evidence of BaldeoOhaudhury (P. w .3) ,Saheb Singh (p. W. 4) and Baudha Pasi (p. w. 5) proves satisfactorily the prosecution story," (ii) that the learned Judge has not considered the evidence of the defence witnesses at all, and (iii) that the trial was illegal, because the learned Magistrate had omitted to state the particulars of the offence to the accused in accordance with the provisions of B. 242, Criminal P. C.
(3.) THE first two contentions are without any substance. Mr. K. K. Sinha for the applicant has taken us through the evidence, and after going through the evidence we are satisfied that the learned Judge has not committed any error of record. (After going through the evidence, his Lordship continued.);
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