KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the 1 st accused in SC No.60 of 2006 on the file of the Assistant Sessions Court, Thodupuzha. He along with the 2nd accused were tried for the offence punishable under Section 8(2) of the Kerala Abkari Act.

(2.) The prosecution case in brief is that, on 24.12.2003 at about 11.30 p.m, the accused engaged themselves in distilling of illicit arrack in contravention of the provisions under the Kerala Abkari Act and the Rules framed thereunder and thereby committed the offence under Section 8(2) of the Abkari Act.

(3.) During the trial of the case, PWs 1 to 5 were examined and marked Exts.P1 to P7 and MOs 1 to 6 on the side of the prosecution. On closing the evidence of the prosecution, the accused were questioned under Section 313(1)(b) of Cr.P.C. They denied all the incriminating circumstances appearing in the evidence against them. When they were called upon to enter on their evidence, they did not adduce any evidence at all.