SURENDRAN, S/O KOCHUKUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal preferred under Section 374 of the Code of Criminal Procedure, hereinafter referred to as the Cr.P.C., challenging the legality and correctness of the judgment of the Additional Sessions Judge, Fast Track-1, Alappuzha, in Sessions Case No.400/2004. The precise allegation by the prosecution is that on 17-11-2002 at 3.00 p.m. accused persons were found dealing with arrack on the eastern courtyard of the house by name 'Sheeba Bhavanam' of the 1st accused, the appellant herein, in ward No.III of Pathiyoor muri in Pathiyoor panchayath within Kareelakulangara Police Station limits. The crime was detected by the Sub Inspector of police, Kareelakulangara Police Station and party; the appellant was arrested from the spot itself and Crime No.313/2002 of that Police Station was registered alleging offence punishable under Sections 8 (1) and (2) and 55(a)(i) of the Abkari Act. After investigation, the charge sheet was laid before the Judicial First Class Magistrate, Kayamkulam; after completing the procedural formalities the case was committed to the Sessions Court, Alapppuzha from where the matter was made over to the Sessions Court for trial.

(2.) After hearing counsel on both sides, when the charge alleging offence punishable under Sections 8 (1) and (2) and 55(a)(i) of the Abkari Act was framed, read over and explained, the accused pleaded not guilty. They were on bail. They were defended by a counsel of their choice.

(3.) The prosecution charge sheet contains seven witnesses. However, only four of them were examined as PWs 1 to 4 and the remaining witnesses were given up. Exts.P1 to P5 were also marked. Material objects were identified and marked as M.Os.1 to 3. On conclusion of prosecution evidence when examined under Section 313 (1)(b) Cr.P.C., they denied all the incriminating circumstances. According to them, they have no connection whatsoever with the material objects.