1. Accused 1 to 5 in Sessions Case 141/2005 have preferred this appeal aggrieved by the judgment dated 23.9.2006 of the Additional Sessions Judge and Fast Track Court-III, Hassan. The appellants have been convicted in relation to offence under Section 34 of the Karnataka Excise Act and sentenced to undergo rigorous imprisonment for two years and to pay fine, of Rs. 2,000/- and in default to pay the fine, to undergo further sentence for six months.

2. The prosecution case in brief is as follows:-

Accused No. 1 to 3 belong to Halli Mysore Village. Accused No. 1 to 2 were running a bakery in the said village. Accused No. 3 being the elder brother of accused No. 1 used to look after the bakery business. Accused No. 5 was looking after Asha Bar at Holenarsipura. Accused No. 4 is an employee in the said Asha Bar. On 3.6.2005 one Puttaraju of Hindalhalli arranged a feast in his house. Lakshmana, Chandregowda, Dinesha and Devraju were engaged by Puttaraju for cooking the food. After cooking the food, Lakshman, Devaraju and Chandregowda demanded for supplying liquor to them. One Bojanna-PW-1 sent PW-7 Ramegowda to Halli Mysore for buying 5 bottles of liquor from the bakery of accuse