K. S. LODHA, J. - (1.) THE State has filed this appeal against the acquittal of respondents Ghisu Lal and Shankar from offences u/s 353 IPC and 54 (A) of the Rajasthan Excise Act, by the learned Munsif and Judicial Magistrate, Sojat by Judgment dated 18. 10. 78.
(2.) THE prosecution story briefly stated is that on 7. 10. 74, the S. H. O. Police Station, Sojat, Chunaram got an information that a car would be passing by Sojat Road carrying illicit liquor. THErefore, Head Constable Narain Singh of police out post Sojat along with some other constables was deputed at the Bazar in Sojat Road to keep a watch. Later, at about 9. 45 p. m. a car reached there but it did not stop on being signaled by Shri Babu Lal, Head Constable, who was in police uniform. Whereupon the police party intercepted the car and made it to stop. Babu Lal, who was driving the car and who is said to be the owner thereof, came out of the car and gave a fist blow on the perital region of Narain Singh. Apart from this, some more injuries were caused to Narain Singh. THEre were two other persons, namely, the present respondents, Ghisu Lal and Shanker, who were sitting on the back seat of the car and are alleged to have called 'maro-Maro' On the search of the boot of the car, two jaricans carrying about ten bottles of country liquor were recovered. After due investigation, challan was put up against Babu Lal and present respondents for offence under section 353 IPC and 54 Rajasthan Excise Act along with 332 IPC. THE accused pleaded not guilty and tried. On trial, the learned Munsif and Judicial Magistrate convicted Babu Lal for offences under sections 332 IPC and 54 (A) of Rajasthan Excise Act but he acquitted Ghisu Lal and Shankar of the charges under sections 353 IPC and 54 (A) of the Rajasthan Excise Act. Aggrieved by the acquittal of the respondents, the State has filed the appeal after leave being granted. I have heard the learned Public Prosecutor and Mr. K. S. Rathore, for the respondents and have gone through the records. So far as the charge u/s 353 IPC is concerned, it may be stated that these two respondents Ghisu Lal and Shankar have not been attributed any active part of causing any hurt to Narain Singh. All that is alleged against them is that they cried 'maro-Maro'. while sitting on the back seat of the car. Such an allegation is very easy to make but in the circumstances of the case the learned Munsif appear to be correct in holding that this part of the story cannot be believed. It also appear that the main accused Babu Lal who had earlier been convicted by the learned Munsif Magistrate has also been acquitted on appeal by the learned Sessions Judge, as is stated at the bar by the learned counsel for the respondents. That being so, there is no further justification for any conviction of these respondents, simply on the ground that they cried 'maro-Maro'. So far as the charge under section 54 (A) of the Rajasthan Excise Act is concerned, there is absolutely no evidence to show that these respondents were in conscious and active possession of the alleged drums of liquor and, therefore, their acquittal for that offence is also proper. The result is that the appeal is without any substance and this is hereby dismissed. .;