MURALEEDHARA KURUP Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal is filed by the accused in S.C.No. 84/1998 on the file of Additional District and Sessions Judge (Adhoc) Court-II, Kollam. The above case is charge sheeted by the Excise Inspector, Sasthamcotta, against the appellant/accused alleging offences punishable under Sections 8(1) and 55(a) of the Abkari Act.

(2.) The prosecution case is that the accused was found in possession of 270 litres of spirit on 16.06.1997 at about 4.30 p.m. at Anayadi Muri, Sooranaud North Village and hence committed offences under Section 8(1) and 55(a) of the Abkari Act. When the final report is filed before the lower court, the case was committed to the Sessions Court. The Sessions Court issued summons to the appellant and he appeared before the trial court. The trial court framed charge under Sections 8(1) and 55(a) of the Abkari Act. To substantiate the case, the prosecution examined PW1 to PW6. DW1 to DW4 were examined on the side of defence. Ext.D1 to D5 are the Exhibits marked on the side of the defence. MO1 to MO4 are the material objects. After going through the evidence and documents the trial court found that, the accused committed the offence under Section 8(1) of the Abkari Act. He is sentenced to undergo rigorous imprisonment for 4 years and to pay fine of Rs.1,00,000 (Rupees One Lakh only) under Section 8(2) of the Abkari Act. In default of payment of fine, the accused is directed to undergo simple imprisonment for one year. Aggrieved by the conviction and sentence this criminal appeal is filed.

(3.) Heard the learned counsel for the appellant and the learned Senior Public Prosecutor.