ORDER:

Two convicts who were tried together by the trial Court preferred these two revisions questioning the correctness of findings of two Courts below in finding them guilty and for convicting them and sentencing them.

2. Since both revisions arise out of the common trial and judgment, both the revisions are disposed of together. In both the revisions State is the Respondent. Learned counsel for revision petitioners submitted oral arguments and filed written arguments and cited legal authorities and the learned Special Assistant Public Prosecutor appearing for the respondent submitted oral arguments and supported the impugned judgments.

3. The point that falls for consideration in these revisions is:-

Whether the convictions recorded by Courts below suffered from illegality or irregularity in appreciating the evidence and in overlooking the principles concerning search and seizure and the absence of independent witness?

4. POINT:-

Sub-Inspector of Police Timmapuram police station/Pw.1 and his staff which include a police constable/Pw.3 and an independent panch witness/mediator/Pw.2, by virtue of a credible information the police received, formed a search party and at about 6-30 PM on 18.12.1998 they reached agricultural fields near Mathalanka Puntha of Unduru Village and they found two accused/A1 and A2 manufacturing illicitly distilled liquor. On seeing the police party, both the accused started running away from the spot but A1 was caught and A2 was successful in his escape. Infact the Sub-Inspector/Pw.1 recognized A2 and shouted calling him by name and directed him to stop but he did not oblige it and left the place. They questioned A1 and he confirmed the name of the person escaped as A2. They searched the place and found 30 mud pots among which 18 contained fermented jaggery wash and also found a white plastic can containing 10 liters illicit distilled arrack. They further found copper wire, aluminium bucket. The Sub Inspector of Police took up the samples of the illicitly distilled liquor as well as fermented jaggery wash and took all the precautions in labelling them and in evidence of the entire process they prepared Ex.P1 report. They arrested A1 and seized all the material items/MOs.1 to 5 and along with samples, they reached back to police station. The report that was prepared at the spot was also signed by the independent mediator/Pw.2 and acting upon that Ex.P2 F.I.R was registered. The samples that were collected were forwarded to expert for chemical examination along with Ex.P3 letter of advice. The laboratory report/Ex.P4 disclosed that MO.4 and MO.5 samples are illicit distilled arrack and fermented jaggery wash respectively. All the investigation was verified by the succeeding Sub-Inspector/Pw.4 and he found that the investigation was satisfactory and having conclu