Present appeal is filed challenging the judgment of

conviction and order on sentence passed in S.C.No.5/2012

on the file of the District and Sessions Judge at Bagalkot

whereby the accused came to be convicted for the offences

punishable under Sections 32 and 34 of the Karnataka Excise

Act, 1965 and ordered to undergo sentence of rigorous

imprisonment for 2 years and to pay fine of Rs.10,000/- and

1 year imprisonment and Rs.10,000/- fine for the offences

punishable under Sections 32 and 34 of the Karnataka Excise

Act respectively with default sentence of 3 months simple

imprisonment.

2.

Brief facts of the case are as under:

A report came to be filed by Sri R.M.Hunnur, Police

Inspector, Special Police Station, Bagalkot on 12.05.2011.

The gist of the report reveals that at about 6.00 a.m. on

12.08.2011 when the Police Inspector along with his staff

were on patrol duty, near Sunaga Tanda adjacent to water

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tank, there was a house belongs to Ravi Lalsing Lamani and

he had illegally stored liquor in his house and as such, he

along with his staff procured two panch witnesses and raided

the house of the said Ravi Lalsing Lamani and on enquiry, he

did not properly answer the head of