SATHEESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the 1st accused in S.C No.536/2004 on the file of the Assistant Sessions Court, Kasaragod at Hosdurg and the appellant in Criminal Appeal No.174/2007 on the file of the Additional Sessions Judge (Adhoc) - II, Kasaragod. The offence alleged against the accused is punishable under Section 55 (a) of the Abkari Act (hereinafter referred to as "the Act").

(2.) By its judgment dated 24.03.2007, the trial court convicted the accused Nos.1 and 2 for the offence punishable under Section 55 (a) of the Act and sentenced to undergo simple imprisonment for two years each and also to pay a fine of Rs.1,00,000/- each, and in default of payment of fine to undergo simple imprisonment for a period of three months each. The 2 nd accused was further convicted and sentenced to pay a fine of Rs.500/- and in default of payment of fine to undergo simple imprisonment for a period of two weeks for the offence punishable under Section 3 (1) read with Section 181 of the Motor Vehicles Act.

(3.) Challenging the conviction and sentence, the 1st accused preferred Crl. Appeal No.174/2007 and the 2 nd accused preferred Crl. Appeal No.163/2007 before the Additional Sessions Judge (Adhoc) - II, Kasaragod. By its common judgment dated 29.07.2009, the learned Sessions Judge allowed the appeal in part confirming the conviction and modifying the sentence. The sentence awarded to the 1st accused is modified to imprisonment for one year and to pay a fine of Rs.1,00,000/- and in default of payment of fine to undergo simple imprisonment for three months more. So far as the conviction and sentence under Section 55 (a) of the Act as against the 2nd accused is concerned, the conviction and sentence stands set aside. However, the conviction and sentence awarded to the 2nd accused under the Motor Vehicles Act is confirmed. Challenging the aforesaid conviction and sentence, the 1st accused preferred this revision before this Court.