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1995 Supreme(AP) 379

B.SUBHASHAN REDDY
Bikkasani Satyanarayana – Appellant
Versus
State Of A. P. – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THIS Criminal Revision Case arises out of the dismissal of Criminal Appeal No. 93 of 1991 by the Court of Additional Sessions Judge, Khammam confirming the conviction recorded and sentence imposed against the petitioner herein by the Court of Additional First Class Magistrate, Kothagudem in C. C. No. 427 of 1989.

( 2 ) THE petitioner is the sole accused. He was prosecuted for an offence punishable under Section 34 (a) and (b) of the A. P. Excise Act. The learned counsel for the petitioner submits that the conviction recorded by the Court of Magistrate which was confirmed by the Court of Sessions is unsustainable for the reason that no independent evidence has been adduced and that the panchayatdars P. Ws. 1 and 2 did not support the case of the prosecution. The conviction was based on the evidence of P. Ws. 3 and 4 who are the Sub-Inspector of Excise and Circle Inspector of Excise. Ganja was seized from the possession of the petitioner on 20-2-1988. P. Ws. 1 and 2 are the mediators. P. W. 1 is the Talari of the village and P. W. 2 is the Village Assistant of Burgampahad. They became hostile and did not support the case of the prosecution. But merely beca






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