KORAGAPPA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in SC No.464 of 2007 on the file of the Assistant Sessions Court, Kozhikode and the appellant in Crl.Appeal No.273 of 2010 on the file of the Additional Sessions Court (Adhoc III) Kasargod.

(2.) By judgment dated 31.07.2010, the learned Assistant Sessions Judge convicted and sentenced the accused to undergo simple imprisonment for three years and also to pay a fine of Rs.1,00,000/-, in default of payment of fine to undergo simple imprisonment for a period of six months more. In appeal, the learned Additional Sessions Judge confirmed the conviction and sentence imposed by the trial court. The revision petitioner has filed this revision challenging the judgment of conviction and sentence imposed by the learned Additional Sessions Judge by judgment dated 17.11.2011 confirming the conviction and sentence rendered by the trial court.

(3.) The prosecution case in brief is that, on 05.01.2006 at about 5 p.m, the accused was found in possession of 20 litres of Spirit in a Can for sale near his house at Sarali in contravention of the provisions under the Kerala Abkari Act and the Rules framed thereunder.