The prosecution must prove the guilt of the accused beyond reasonable doubt; insufficient evidence leads to acquittal.

JUDGMENT :

Heard learned counsel for the parties.

2. Both the criminal revisions are directed against the judgment dated 01.04.2015 passed by learned Additional Sessions Judge-II, Seraikella in Criminal Appeal No. 132 of 2012, whereby and whereunder the appellate court has dismissed the appeal filed by the petitioners and thereby affirmed the judgment of conviction and order of sentence dated 09.10.2012 passed by learned Sub Divisional Judicial Magistrate, Seraikella in G.R. No. 97 of 2010 (T.R. No. 376 of 2012), whereby the trial court has held the petitioners guilty and convicted for the offence punishable under Section 273 of the I.P.C. and Section 47(a) of the Excise Act and sentenced to undergo R.I. for six months for the offence under Section 273 of the I.P.C. and further sentenced to undergo R.I. for three years with fine of Rs. 5,000/- under Section 47(a) of the Excise Act with default stipulation.

3. The factual matrix giving rise to this revision is that upon confidential information received by police regarding nuisance being committed near the licencee foreign liquor shop of Tapan Mandal (petitioner in Cr. Revision No. 594/2015), the informant along with other police personnel raided the place and found that a huge quantity of country made liquor and foreign liquor were kept near the northern side of the licencee shop of the Tapan Mandal, which was at the interval of two shops and his two associates namely, Sanjay Mahato and Simant Kumar Mahato (petitioners in Cr. Revision No. 558 of 2015) were selling the said liquor to several persons present there. It is alleged that in course of search of the place 600 bottles of thunder bolt Bear, 48 pieces of A.C. black Whisky of 180 mm, 10 pieces A.C. black whisky of 750 ml., 11 pieces of officer choice whisky of 750 ml, 12 pieces of Mc-Dowell No. I Whisky of 750 ml, 48 pieces of Mc-Dowell whisky of 180 ml., 48 pieces of Mc-Dowell Rum of 180 ml one bag pouch of country made liquor of 200 ml. were seized. The above salesmen disclosed that the said liquor was brought by the licencee shop holder Tapan Mandal and they were acting as a daily wagers salesman. The apprehended salesmen namely Sanjay Mahato and Simant Kumar Mahato along with seized materials were brought to police station and the matter was also informed to the Excise Superintendent, Seraikella, who also enquired into the matter and sealed the said licencee shop of Tapan Mandal. Accordingly, FIR was instituted for the offence under Section 272, 273, 414/34 of the I.P.C. and Section 47 (a) of the Excise Act.

4. After conclusion of investigation, charge sheet was submitted. In course of trial, three witnesses were examined by the prosecution, apart from the documentary evidence.

5. On the other hand, the defence has also examined two witnesses and also adduced documentary evidence; Exhibit-A is the invoice of liquor, Exhibit-B Letter No. 107 dated 23.02.2010 and Exhibit-C is the licence issued in favour of convict Tapan Mandal under the signature of Sri Sanjay Prasad, Excise Superintendent.

6. After conclusion of trial, the learned trial court held the petitioners guilty for the offence under Section 273 of the I.P.C. and sentenced to undergo six months R.I. and also held guilty for the offence under Section 47(a) of the Excise Act and sentenced to undergo three years R.I. with fine of Rs. 5,000/-each with default stipulation.

7. The judgment of conviction and order of sentence of petitioners passed by the learned trial court was assailed before the learned Additional Sessions Judge-II, Seraikella vide Criminal Appeal No. 132 of 2012, which was heard and dismissed on merits, upholding the judgment of conviction and order of sentence against the petitioners passed by the learned trial court, which has been assailed in this revision.

8. Assailing the aforesaid judgments and order, learned counsel for the petitioners have vehemently argued that the judgment of conviction and order of sentence of the petitioners is absolutely ille