Pradeep Kumar Pandey vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 57

IN THE HIGH COURT OF ALLAHABAD
ARVIND SINGH SANGWAN, SHIV SHANKER PRASAD, JJ.
Pradeep Kumar Pandey and Others - Appellants
Versus
State of U.P. - Respondent
Criminal Appeal No. 8560 of 2022
Decided On : 04-01-2024

Advocates:
Advocate Appeared:
For the Appellant : Dhirendra Kumar Srivastava, Sandeep Maniji Bakhshi, Utsav.

Headnote:
I.P.C. - Conviction under Section 272 of I.P.C. and Section 60 of Excise Act - [Sections 272, 120B of I.P.C., Sections 60/63 of U.P. Excise Act] - The court analyzed the evidence and found that the prosecution failed to establish the accused's guilt beyond reasonable doubt. The court highlighted inconsistencies in the prosecution's case, lack of evidence regarding the recovered article's intended sale as food or drink, and the unreliability of witnesses. The court also emphasized the absence of proof that the recovered liquor was unfit for human consumption. The judgment convicting the accused was reversed, and the accused were acquitted.
Fact of the Case:
The case involved the arrest and conviction of the accused-appellants for offenses under Section 272 of I.P.C. and Section 60 of the Excise Act based on the recovery of illicit liquor from a damaged vehicle. The prosecution's case relied on witness testimony and documentary evidence to establish the guilt of the accused.
Finding of the Court:
The court found that the prosecution failed to prove the accused's guilt beyond reasonable doubt. The court highlighted inconsistencies in the prosecution's case, lack of evidence regarding the recovered article's intended sale as food or drink, and the unreliability of witnesses. The court also emphasized the absence of proof that the recovered liquor was unfit for human consumption.
Issues: The key issues included the reliability of witness testimony, inconsistencies in the prosecution's case, lack of evidence regarding the recovered article's intended sale as food or drink, and the absence of proof that the recovered liquor was unfit for human consumption.
Ratio Decidendi: The court's decision was based on the lack of reliable evidence to establish the accused's guilt beyond reasonable doubt. The court emphasized the inconsistencies in the prosecution's case, unreliability of witnesses, and absence of proof regarding the recovered liquor's fitness for human consumption.
Final Decision: The judgment and order convicting the accused-appellants were reversed, and the accused were acquitted. They were ordered to be released forthwith, unless wanted in any other case on compliance of Section 437-A Cr.P.C.

JUDGMENT :

Arvind Singh Sangwan, J.

1. This criminal appeal has been preferred by the accused-appellants, Pradeep Kumar Pandey, Kartikey Pandey, and Amrendra Kumar Pandey against the judgment and order dated 16th September, 2022 passed by the Special Judge (SC/ST)/Additional Sessions Judge, Court No.2, Bhadohi in Sessions Trial No. 108 of 2016 (State Vs. Pradeep Kumar Pandey & Others) arising out of Case Crime No. 282 of 2015, under Sections 272, 120 of I.P.C. read with Sections 60/63 Of U.P. Excise Act, Police Station-Aurai, District-Bhadohi, whereby all three accused-appellants have been convicted and sentenced to life imprisonment each under Section 272 of I.P.C. with a fine of Rs.5,000/- each and in default thereof, they have to further undergo one year additional imprisonment; and one year rigorous imprisonment each under Section 60 of the Excise Act with fine of Rs.500/- each and in default thereof, they have to further undergo one month additional imprisonment each, with an observation that all the sentences are to run concurrently.

2. We have heard Mr. Dhirendra Kumar Srivastava, learned counsel for the accused-appellants and learned A.G.A. for the State and also perused the entire materials available on trial court record.

3. The prosecution story is that on 11th July, 2015, the Sub-Inspector Suresh Singh (informant) and other police personnels were on patrol duty for searching the miscreants on the way of Maharajganj and when they reached near the tractor workshop of one Bhola Singh, they found that Anand Kumar Singh, Village Pradhan of Village Tewri along with two persons were chasing two young boys, who were aged around 19 to 20 years and were wearing dark coloured pants and shirt, and were running towards the western side of the tractor workshop. Seeing them, all the police personnels including the informant and other villagers tried to chase both the young boys and made all possible efforts to nab them but they took the advantage of rain and escaped.

4. As per the informant, the Village Pradhan, Anand Kumar told him that at about 09.00 p.m. one vehicle bearing No. U.P. 70 AL-0312 came from the side of Varanasi in a high speed and after losing its balance went down the road and collided with the old thresher kept at the vacant place before the workshop and it got damaged. At that time he was on his way to the tractor workshop for his work. The Village Pradhan further stated that two person quickly came out of the aforesaid vehicle and swiftly started running towards the west side on the road. On suspicion that they might be criminals, he along with other villagers tried to chase them. In the meantime, Police personnels came and information was given that some illicit substance may be kept in the vehicle. Following this, the damaged vehicle bearing No. UP 70 AL-0312 was checked by the Police personnels along with Village Pradhan and from the back side of the vehicle i.e. dicky, two Jerrican (can) in black colour were recovered, out of which, one was broken and empty and the other contained about 40 liters liquor (adulterated). When the cap of the said Jerrican was opened, it emitted strong smell of mixed liquor. Out of the aforesaid 40 litres of liquor (adulterated), one litre was taken out as a sample in a plastic bottle and the same was sealed. The recovered Jerrican containing remaining 39 litres adulterated liquor was also sealed. Recovery memos were prepared. The recovered vehicle was also seized as per Section 207 of the Motor Vehicles Act for carrying/transporting illicit liquors. After that, case under Sections 60/63 of Excise Act and Section 272 of I.P.C. against two unknown persons was registered.

5. Later on, during investigation, the accused-appellant, Pradeep Kumar Pandey was arrested upon obtaining a report from the concerned Regional Transport Officer in which it was stated that the recovered vehicle bearing No. UP 70 AL-0312 belongs to the accused-appellant Pradeep Kumar Pandey.

6. Investigation proceeded