SATHYANESAN@ SATYAN Vs. STATEOF KERALA

JUDGEMENT

(1.) ACCUSED in S.C.No.94/2002 of the Additional Sessions Court (Adhoc-II), Kottayam, who stands convicted under Section 55(g) of the Abkari Act and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of 1 lakh, in default, to undergo simple imprisonment for sixty days more, has come up in appeal.

(2.) THE prosecution case is that, on 20.05.2001 at 2.30 am, the appellant was found keeping in his possession at his house 25 litres of wash and 150 ml. of arrack along with other utensils and implements for brewing arrack.

(3.) ON the side of the prosecution, PWs 1 to 5 were examined and Exts.P1 to P9 were marked. MOs 1 to 3 were identified. The court below found the appellant guilty of the offence punishable under Section 55(g) of the Abkari Act, convicted him thereunder and sentenced him as aforesaid.