JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard Mr. Rahul Dev, learned counsel appearing on behalf of the petitioners.

2. Heard Mr. Bishwambhar Shastri, learned A.P.P. appearing on behalf of the opposite party-State.

3. This criminal revision petition is directed against the judgment dated 15.09.2012 passed by the learned Sessions Judge, Bokaro Camp at Tenughat in Cr. Appeal No. 18 of 2011 whereby the conviction of the petitioners for offence under Section 47(a) of Excise Act has been sustained, but the sentence has been modified and reduced to three months simple imprisonment and fine of Rs. 500/- with default clause. The petitioners were convicted vide judgment of conviction and order of sentence both dated 10.02.2011 passed by learned A.C.J.M. Bermo at Tenughat in G.R. Case No. 554 of 2007 corresponding to T.R. Case No. 145 of 2011 for offence under Section 47(a) of Excise Act.

4. The learned counsel for the petitioners has submitted that the impugned judgments passed by the learned courts below are perverse and cannot be sustained in the eyes of law. He further submits that out of 11 charge-sheeted witnesses, only five have deposed before the learned court below and out of them, two