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1922 Supreme(Lah) 14
Lahore High Court
Scott-Smith, J.
Kishen Singh & Anr. - Appellants
Versus
Emperor - Respondent
Decided On : 05-10-1922
JUDGMENT
Scott-Smith, J. - The evidence for the prosecution has been believed by the two lower Courts and I see no sufficient reason for rejecting it in revision. At the same time, I do not think the difference between the cases of Kishen Singh and his son Khushal Singh has been sufficiently considered.
2. Khushal Singh was a licensee for sale of liquor at Gakhar and it was he according to Attar Singh, witness, who brought the 8 bottles of liquor to Gujranawala. The possession, therefore, was his exclusively and the mere fact that he brought the liquor to Kishen Singh's house does not make the possession joint of himself and Kishen Singh. Further, I do not think it can be held that the latter joined in the sale merely because he called to his son to bring 2 bottles and because the money was handed to him. I, therefore, accept the petition so far as Kishen Singh is concerned, and setting aside his conviction and sentence acquit him. Fine if paid to toe refunded. As far as Khushal Singh is concerned the petition is rejected.
