GOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.642 of 2001 of the Additional Sessions Court (Abkari Act Cases), Kottarakkara, who stands convicted and sentenced for the offence under Section 55(a) and (i) of the Abkari Act, has filed this appeal.

(2.) The prosecution allegations against the accused, as urged before the trial court are as follows:

(3.) Before the trial court, the prosecution examined PWs 1 to 3, PWs 1 and 2 being the attesting witnesses and PW3, the detecting officer. Further, Exhibits P1 to P5 were marked and MO1 to MO3 3 identified. The accused denied the incriminating circumstances put to him, while eliciting his statement under Section 313 Cr.P.C and examined DW1, a neighbour, in support of his contention that no incident, as alleged by the prosecution had occurred on 18.12.1999.