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H. P. SANDESH
Mahadeva – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
H.P. Sandesh, J. - This petition is filed under Section 401 of Cr.P.C., praying to call for the records and set aside the Judgment dated 20.03.2015 passed in Crl.A. No. 76/2013 by the II Additional District and Sessions Judge, Tumakuru and the judgment dated 12.06.2013 in C.C. No. 2617/2018 passed by the II Additional and JMFC-III, Tumakuru and pass such other order as deems fit in the facts and circumstances of the case.
2. Heard the learned senior counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that when the police have conducted a raid in front of the house of this petitioner, they found 41 Macdowel Whisky bottles. Hence, the same was seized by drawing the Mahazar and a case has been registered. The police have investigated the matter and filed the charge-sheet for the offences punishable under Sections 34 and 38 of the Karnataka Excise Act, 1965 ('the Excise Act' for short).
4. The prosecution in order to prove the case examined the witnesses as PWs. 1 to 6, got marked the documents as Exs. P1 to P4(a) and the material objects - MOs. 1 to 41-sample
Non-compliance of statutory provisions, lack of evidence beyond reasonable doubt, errors in lower court orders.
The prosecution must prove the seizure and the nature of the seized material beyond all reasonable doubt, and the accused's statement under Section 313 of the Code of Criminal Procedure is not suffic....
The absence of proper documentation and information rendered the conviction erroneous and illegal, leading to the acquittal of the petitioner.
The prosecution must prove the guilt of the accused beyond reasonable doubt; insufficient evidence leads to acquittal.
The registration of FIR based on panchanama was erroneous, rendering the conviction ineffective. Compliance with procedural requirements under Cr.P.C. is crucial for the admissibility of evidence and....
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