SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Revision Case came up before this Court in pursuance of an order passed in Calendar Revision issuing notice to the parties to show cause why an order purport to be a judgment passed in Crl.Appeal No.67/77 by the Court of Session,Trichur,should not be set aside.

(2.) THE short facts necessary for the disposal of this Revision can now be stated. The accused in the case was tried by the Sub Divisional Magistrate,Kunnamkulam for an offence punishable under S.55(b)of the Abkari Act on the allegation that at about 5.30 p.m.on May 3,1976,while the accused was engaged in the act of distilling arrack inside his house at Ullisseri desom PWs 1 and 2,Excise Officials who were moving about on patrol duty,on receiving information rushed to the house of the accused where he was caught red handed in the act of distilling illicit arrack.The wash,arrack and the implements used for distillation were recovered under mahazar Ext.P -1 prepared on the spot and attested by witnesses.The accused was thereafter arrested.As per Ext.P -4,report of the Chemical Examiner,the arrack contained 18.30 per cen and wash contained 10.08 per cent by volume of ethyl alcohol.

(3.) THE learned Magistrate placing reliance on the evidence of PWs 1 and 2 and rejecting the evidence of D.W.1 and that of P.W.3 who turned hostile to the prosecution,convicted the accused under S.55(b)of the Abkari Act and sentenced him to suffer simple imprisonment for three months and to pay a fine of Rs.500 or in default to suffer simple imprisonment for two