GOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal is filed by accused Nos.1 and 2 in Sessions Case No.69 of 2005 on the file of the Additional Sessions Judge (Adhoc) II, Thodupuzha. The appellants and another was charge sheeted by the Sub Inspector of Police, Kaliyar, alleging offences punishable under Sections 8(1), 8(2) and 55(g) of the Abkari Act.

(2.) The prosecution case is that on 21.12.2002, at 11.30 P.M., in the kitchen of the house belong to CW6 at Pannimattamchal in Vannappuram Panchayat, accused Nos.1 to 3 were found possessing 2 1/2 litres of arrack and 20 litres of wash for the preparation of arrack and also found in possession of utensils for distillation of arrack. Accused Nos.1 and 2 were arrested from the spot. Accused No.3 ran away from the place.

(3.) All the three accused appeared before the lower Court and the trial court framed charge under Sections 8(1), 8(2) and 55(g) of the Abkari Act.