This revision petition is filed by the petitioners-accused Nos.1

and 2 under Section 397 read with Section 401 of the Code of

Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for setting aside the

judgment of conviction and order on sentence passed by the

learned Principal Civil Judge and JMFC, Hunagund (herein after

referred to as the ‘Trial Court’) in C.C.No.407/2010 for an offence

punishable under Section 34 of Karnataka Excise Act, 1965 (for

short ‘K.E. Act’) and the same was upheld by the learned District

3

and Sessions Judge, Bagalkot (herein after referred to as the

‘Appellate Court’) in Criminal Appeal No.64/2012 dated 13.09.2013.

Heard the arguments of learned counsel for the

petitioners and the learned High Court Government Pleader.

3.

The parties will be referred to as per their ranks in the

trial Court.

4.

The case of the prosecution is that, on 30.03.2010 at

about 7:45 pm the complainant-PSI Hungund Police Station(PW-3)

received credible information that the accused are selling liquor in

the Prakash Dhaba without any valid licence. When the raid was

conducted, the accused were found in possession of liquor bottles of

different brands worth Rs.2,520/- and selling them