VINESH V.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Sri.Jacob Sebastian, the learned counsel for the revision petitioners and Sri.M.S.Breez, the learned Senior Public Prosecutor for the State.

(2.) This criminal revision petition is directed against the judgment dated 15.12.2008 in Crl.Appeal No.47/2007 of the Additional Sessions Court (Ad hoc)-II, Kalpetta whereby the learned Additional Sessions Judge confirmed the judgment of conviction and sentence rendered by the learned Assistant Sessions Judge, Sulthan Bathery in S.C.No.301/01 on 24.1.2007. The revision petitioners were the accused 1 and 2 in Crime No.13/2000 of Sulthan Bathery Excise Range registered for the offence punishable under Section 55(a) of the Abkari Act.

(3.) The learned Assistant Sessions Judge found the accused guilty under Section 55(a) of the Abkari Act and convicted them thereunder. Accordingly, the accused were sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs.1,00,000/- each, in default of payment of fine to undergo simple imprisonment for six months each. The appeal was dismissed by the appellate court confirming the conviction and sentence imposed by the trial court.