YESUDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal preferred under Section 374(2) of the Criminal Procedure Code, hereinafter referred to as 'the Cr.P.C', challenging the correctness of the judgment of the IV Additional Sessions Judge (Ad hoc)-II, Thodupuzha in SC No.404/2006. By the judgment dated 28th January, 2008, the accused stands convicted for offence punishable under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1 lakh, in default to undergo rigorous imprisonment for three months.

(2.) The case had arisen from the charge sheet laid by the Sub Inspector of police, Upputhara in Crime No.115/2003 of that police station. The precise allegation against the accused/appellant was that on 21.08.2003 at 8.20 p.m. he was found on the walkway situated through the boundary of the Pookkulam division of Rohit tea estate leading to Panthrant Puthuval area, in Chappathu kara in Ayyappankoil village. According to the prosecution, that day, the Sub Inspector and party found the appellant engaged in the sale of arrack. He was intercepted and found possessing 11/2 litres of arrack with him about 30 metres north east of his house. He was arrested in the presence of independent witnesses and Crime No.115/2003 was registered. After completion of the investigation, the charge sheet was laid before the Judicial First Class Magistrate, Kattappana, where the case was taken on file as C.P.31/2006. After serving copies of records and also completing other formalities, the learned Magistrate committed the case to the Sessions Court under Section 209 Cr.P.C. The Sessions Judge took the case on file as S.C.404/2006 and thereafter made over to the trial court for trial.

(3.) After hearing counsel on both sides and perusing the records, the learned Additional Sessions Judge, framed charge alleging offence under Sections 55(i) and 8(2) of the Abkari Act, read over and explained to the appellant, to which he pleaded not guilty. He was on bail. He was defended by a counsel engaged by him.