JUDGMENT

King, J. - This is an application m revision against a conviction of three persons, Parmai, Durga and Earn Prasad u/s 60(f), U.P. Excise Act. The facts found are as follows: A certain constable obtained information on 10th January 1933, that illicit distillation of liquor was being conducted in the house of the accused. He informed the officer in charge of the Kotwali who proceeded with the Excise Inspector to search the house. The result of the search was that a hearth of bricks, full of ash, with a drum full of wash on it; a pitcher with a hole and a pipe with earth plaster on the hole and ends of the pipe; a pitcher smelling of liquor; a wet pitcher; a pitcher with a hole used as a still head; three canisters full of wash; three bottles, one of which Smelt of liquor and another containing a few drops apparently of liquor were found. These articles were found in two kothries. one of which is alleged to be occupied by Parmai and his son Earn Prasad and the other occupied by Durga. These three persons were present at the search or arrived during the search. The defence was that the articles were found in a house which belonged to Sita Ram, the brother of Parmai and Durga, a