Reserved on : 03.11.2020

Delivered on : 05.01.2021

Court No. - 65

Case :- CRIMINAL APPEAL No. - 5815 of 2019

Appellant :- Ashok

Respondent :- State of U.P.

Counsel for Appellant :- Kiran Kumar Arora,Mukesh Joshi

Counsel for Respondent :- G.A.

Hon'ble Umesh Kumar,J.

This appeal has been preferred against the judgment and

order dated 02.09.2019 passed by Additional Sessions Judge,

Court No.3, Moradabad in S.T. No. 112 of 2010 ( State Vs. Ashok ),

by which the appellant has been convicted and sentenced to

undergo ten years R.I. under Section 272 IPC with a fine of Rs.

25,000/- and under Sections 60/62 of U.P. Excise Act to undergo

two years R.I. with a fine of Rs. 5,000/- with default stipulations.

The prosecution case, in brief, is that one Surendra Singh

Pachori- S.I. posted at Police Station, Civil Lines, Moradabad

during checking, on the information given by police informer, raided

the place where on a furnace, one tin and a patili (pot) were seen

and there country made liquor ( kacchi ) was being prepared; that

two persons using force were arrested; that on interrogation, they

disclosed their names as Pawan @ Sonu and Ashok (the appellant

before this Co