KANNAPPANUNNY, S/O. VATTAPARAMBIL NARAYANAN Vs. STATE OF KERALA REP. BY C.I. OF EXCISE AND CIRCLE INSPECTOR OF EXCISE, BOTH REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA

JUDGEMENT

(1.) AGAINST the concurrent verdict of guilty conviction and sentence imposed on the petitioner -accused under Section 55(b) of the Kerala Abkari Act this revision petition is preferred.

(2.) THE gist of the allegations against the petitioner is that he along with his son was engaged illicitly in distilling arrack at 5.30 p.m. on 11.5.1991 in an open place near his house wen the Excise Party including PWs 1 and 2 apprehended them. Truly they had allegedly committed the offence punishable under Section 55(b) and 58 of the Kerala Abkari Act.

(3.) THE accused denied all circumstances which appeared in evidence and which were put to them. Their defence was one of total denial. No evidence oral or documentary was adduced on the side of the accused.