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2002 DIGILAW 837 (PNJ)

Sita Singh And Another - v. State Of Punjab -

2002-08-23

HEMANT GUPTA

body2002
Judgment Hemant Gupta, J. 1. The present revision petition is directed against the judgment passed by the Additional Sessions Judge, Sangrur (1) maintaining sentence of one and a half year each and fine of Rs. 5000/- each imposed upon the petitioners by the Judicial Magistrate First Class, Sangrur on 11.1.1988 for offence under Section 61(1) (c) of the Punjab Excise Act, 1914 . 2. Petitioners were found distilling illicit liquor by working on a Still on 23.10.1984 at the Tubewell of Sita Singh. Sita Singh was changing the water in the cooler whereas Naranjan Singh was feeding fire under the hearth. Still was dismantled and its component parts were taken into possession. 3. On completion of investigation, the police presented the report. At trial, the prosecution relied upon the testimony of Jagdish Singh, ETO-PW 1, Bahadur Singh, ASI-PW 2, Kirpal Singh, ASI-PW 3 and tendered documents. 4. I have gone through the record and find no illegality or infirmity in the order warranting interference in the exercise of revisional jurisdiction. 5. The challenge to the judgment is primarily on the ground that only official witnesses have been produced. The independent witness Charan Singh has not come forward to support the prosecution version and, therefore, the petitioners are entitled to benefit of doubt. 6. The Courts below have found that the statement of official witnesses is reliable and is not the result of any motive of any mischief especially when the Investigating Officer has no axe to grind against the petitioner nor there is any material to disbelieve the testimony of the police officers. I do not find that there is any reason to take a different view. Consequently, the present revision petition is dismissed. 7. However, the petitioners were convicted in the year 1988. The accused were 22 and 35 years of age in the year 1984. Their revision before this Court is pending for the last more than 13 years. Keeping in view the time factor involved therein, their age and the fact that they are not previous convicts, petitioners are entitled to get their benefit of Probation of Offenders Act, 1958. Hence I order the petitioners to be released on probation for the period of six months on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate, Sangrur, to keep peace and be a good behaviour. Hence I order the petitioners to be released on probation for the period of six months on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate, Sangrur, to keep peace and be a good behaviour. The requisite surety bonds be furnished within two months of the receipt of copy of this order. 8. A copy of the order be sent to the petitioner for compliance of the order. Revision petition dismissed.