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DEEPAK ROSHAN
Haru Gorain – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant application is directed against the judgment dated 30.04.2007, passed by learned Additional Sessions Judge, FTC No. VI, Dhanbad, whereby the Cr. Appeal No. 6 of 2004, preferred by the petitioner has been dismissed with modification and the judgment of conviction and order of sentence dated 17.12.2003 in C.E. Case No. 22 of 2000, passed by the learned Judicial Magistrate 1st Class, Dhanbad, whereby the petitioner was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- under Section 47(a) of the Excise Act, and in default of payment of fine, further directed to undergo imprisonment for one month.
The learned appellate court has reduced the sentence and fine amount from RI for one year to RI for three months and fine amount from Rs.1000/- to Rs.500/- and in default of payment of fine, petitioner will suffer further SI for 15 days.
3. The prosecution case in brief is that a raid was conducted by the Excise Department in the house of the petitioner at village Jambani, P.S. Chirkunda, District-Dhanbad and allegedly 10 liters of Mahua liquor were recovered. Th
The sufficiency of evidence, including the requirement for proper chemical analysis and the examination of independent witnesses, is crucial in determining the sustainability of a conviction in the e....
The court upheld that convictions can rely on official witness testimony even without independent corroboration if the evidence is credible, and absence of chemical analysis report does not invalidat....
The testimony of official witnesses can be the sole basis for conviction if it is reliable and consistent, even in the absence of independent witnesses.
Conviction for illicit liquor possession cannot be based solely on non-chemical tests; lack of adequate evidence warrants acquittal.
The conviction under the Bihar & Orissa Excise Act was overturned as the prosecution failed to prove its case beyond reasonable doubt, relying inadequately on the accused's statement without sufficie....
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....
It is true that there can be conviction on basis of deposition of official witnesses only irrespective of fact that independent witness(es) did not support prosecution case and declared hostile.
Acquittal in excess liquor possession case set aside as perverse; no need for independent witnesses in patrolling chance recovery or independent seal custody; reliable police evidence suffices; convi....
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