R.A.Misra, J. - (1.) THE accused Lal Bahadur has preferred this revision against the judgment and order dated 22nd of May 1981 passed by Sri U. S. Pandey, IV Addl. Sessions Judge, Mirzapur, dismissing the Criminal Appeal No. 161 of 1980 and confirming the applicant's conviction and sentence to undergo RI for a period of three months and to pay a fine of Rs. 500/- under Section 60 of the U. P. Excise Act.
(2.) THE facts which have given rise to this revision are put briefly as below. Shiv Murat PW 1 and Sudhakar Chaube (not produced), the two police Constables were returning from patrol duty on 8-8-1979 when they learnt from an informant that the accused was carrying illicit liquor in a bag. The Constables consequently collected Mohd. Nazir PW 2 and Yusuf PW 3 as witnesses and took their position near the culvert of a canal. The accused reached there at about 11.30 A. M. and made an attempt to escape on seeing the police party. He was arrested after a brief chase and a bag containing three bottles of illicit liquor was recovered from his possession. Recovery memo was prepared then and there and the incriminating articles were kept in a sealed cover. The accused along with the aforesaid articles was carried to the Police Station where first information report was lodged. The case was investigated and the investigating officer submitted charge sheet against the accused. The accused pleaded not guilty and contended to have been falsely roped in the case due to enmity.
(3.) THE prosecution examined Shiv Murat PW 1, Mohd. Nazir PW 2 and Yusuf PW 3 as witnesses of fact. Suresh Chandra Chaturvedi PW 4, Excise Inspector was produced as an expert to prove that the article recovered was illicit liquor. Rajendra Prasad PW 5 is a formal witness. THE learned Magistrate on a consideration of the entire evidence arrived at the conclusion that the three bottles recovered from the possession of the accused cantained illicit liquor. He has consequently convicted and sentenced him of the same. His appeal to the court of Sessions has been dismissed by Sri U.S. Pandey, Additional Sessions Judge on 25th of May 1981. Hence this revision. The findings of fact arrived at by the court below are based on the evidence of three eye witnesses-Shiv Murat, Mohd. Nazir and Yusuf. Their depositions are corroborated by the recovery memo and the first information report. Under these circumstances the findings of fact arrived at by the court below do not suffer from amy kind of illegality or irregularity and cannot be interfered with in revision.;