This is a criminal appeal against the judgement and order dated 28-06-1982 passed by Sri V.K. Agarwal the then Addl. Sessions Judge, Dehradun in S.T. No. 67 of 1979 u/s 307/333 IPC and S.T. No.2 of 1980 and S.T. No. 103 of 1980 u/s 60 Excise Act State Vs. Naresh and another whereby the learned Add!. Sessions Judge convicted and sentenced the appellant Naresh to undergo R.I. for a period of four years and a fine of Rs. 500/- under Section 333 IPC and to undergo rigorous imprisonment for a period of six months and a fine of Rs. 500/- u/s 60(1)(a) Excise Act. In default of payment of fine he shall undergo R.I. for six months in each count. Both the sentences shall run concurrently. The appellant Rameshwar was convicted and sentenced to undergo R.I. for four years and a fine of Rs. 500/- u/s 333 read with section 34 IPC. In default of payment of fine he shall further undergo R.I. for six months and a fine of Rs. 500/u/s 60 (1) (a) Excise Act. In default of payment of fine he shall undergo R.I. for six months. Both the sentences shall run concurrently.

2. The prosecution case, in brief, is that Head Constable Ballabh Singh (PW3) alongwith constable Devki Nandan (PW4) and consta