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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02^ND DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.905/2015

BETWEEN:

1. Smt. Lakshmi Bai

W/o Late Majanaik

Aged about 54 years

2. Hemanthnaik

S/o Late Manjanaik,

Aged about 34 years

Both are residing at Machenahalli

Thandya, Machenahalli Post, Lakya Hobli

Chikkamagaluru Taluk & District

577101

... Petitioners

(By Sri. Girish B Baladare., Advocate)

AND:

State by Superintendent of Excise

Chikkamagaluru Taluk,

Represented by

Public Prosecutor,

High Court Building

Bangalore-560 001

&Respondent

(By Sri. V.S.Vinayaka, HCGP)

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This criminal revision petition is filed under Section

397 read with Section 401 of Cr.PC praying to set aside

the judgment dated 17.8.2015 passed by the Prl. Sessions

Judge, Chikmagaluru in Crl.A No.144/2014 and the

judgment dated 25.10.2015 passed by the prl. civil judge

and JMFC at Chikmagaluru in C.C.No.813/2011 by

convicting the petitioners for the offence p/u/s 32 of

Karnataka Excise Act and the petitioners to be acquitted

for the offence alleged against them.

This criminal revision petition coming on for Hearing

this day, the Court made the following:-

O R D E R

Heard Sri. Girish B. Baladare, learned counsel

appearing for the revision petitioners and Sri. T. S.

Vinayaka,

learned

High

Court

Government

Pleader

appearing for the respondent and perused the records.

2.

The present revision petition is filed against an

order of conviction passed by the learned Magistrate in

C.C. No.813/2011 and confirmed in Crl.A. No.144/2014.

3.

Brief facts of the case are as under:

The accused was chargesheeted based on the report

given by Sri. J. Shivakumar. After raiding the accused

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party on 30.05.2011 at about 5.00 p.m., at Machenahalli

Thandya wherein, he seized two liters of illicit liquor from

the custody of the accused persons and after collecting the

sample, destroyed the remaining portion of the illicit liquor

and thereafter, prepared a mahazar and registered a case

and filed the charesheet for the offences punishable under

Sections 32 and 38(A) of the Karnataka Excise Act, 1965.

4.

The presence of the accused petitioners were

secured and plea was recorded. Accused pleaded not

guilty therefore, the trial was held. In order to prove the

case of the prosecution, the prosecution in all examined

five witnesses as PWs.1 to 5 and relied on nine

documentary evidences, which were exhibited and marked

at Exs.P1 to P9. Thereafter, the accused statement was

recorded as contemplated under Section 313 of Cr.P.C.,

wherein all the incriminatory circumstances were denied by

him. Accused did not place his version about the incident

as

contemplated

under

Section

313(5)

of

Cr.P.C.

Thereafter, learned trial Magistrate after hearing the

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parties

in

detail

and

after

considering

the

oral

documentary evidences on record, convicted the accused

for the offences punishable under Sections 32 and 38(A) of

the Act. Learned Magistrate also heard the accused and

considered the prosecution in detail and pass an order of

rigorous imprisonment for a period of one year and to pay

fine of Rs.10,000/- each, in default of which they shall

undergo Simple Imprisonment for six months.

6.

Being aggrieved by the same, the accused

preferred an appeal in Crl.A. No.144/2014 on the file of

the

Court

of

the

Principal

Sessions

Judge

at

Chikkamagaluru.

7.

Learned Judge in the First Appellate Court

secured the records and after hearing the parties,

dismissed the appeal by judgment dated 17.08.2015 and

confirmed the order passed by the learned trial Magistrate.

Being aggrieved by the same, the accused preferred this

revision petition.

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8.

In the revision petition following grounds are

raised.

• "The order passed by the learned magistrate

and Session Court is perverse and devoi