SUDHAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.31 of 2003 on the file of the court of the Additional Sessions Judge Fast Track Court-II, Alappuzha is the appellant herein as he is aggrieved by the conviction and sentence imposed on him under Section 8(1) & (2) and 55(a) of the Kerala Abkari Act as per the judgment dated 01/02/2005 in the above Sessions Case.

(2.) The prosecution case is that on 18/2/2000 at about 7.30 A.M. the accused was found with 2 bottles of 750 ml. arrack in a plastic kit near St.George Orthodox Kurisadi in Pallippad muri against the provisions of Abkari Act and thereby committed the offence punishable under Section 8(1) & (2) and 55(a) of the Abkari Act. Accordingly, Crime No.8 of 2000 was registered in the Karthikappally Excise Range for the said offence and on completing the investigation, a formal charge was filed in the Judicial First Class Magistrate Court-I, Haripad who in turn by his order in C.P.No.63 of 2002 committed the case to the Sessions Court where S.C.No.31 of 2003 was instituted from where the case was made over to the present trial court. Thus, when the accused appeared, after hearing the prosecution as well as the defence, a formal charge was framed against the accused for the offence punishable under Section 8(1) & (2) of the Abkari Act which when read over and explained to the accused, he denied the charge and pleaded not guilty. Thereafter the prosecution adduced its evidence by examining Pws.1 to 6 and produced Exts.P1 to P4 documents and Mos.1 to 3 were also identified as material objects. Though no document is produced from the side of the defence, DW.1 was examined. The learned Judge of the trial court finally concluded that the ingredients of Section 8(1) & (2) of the Abkari Act has been clearly established by the prosecution and thus the accused is found guilty of the above offence and accordingly he is convicted thereunder. On such conviction the appellant/accused is sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1,00,000/- and in default of payment of fine, he is directed to undergo rigorous imprisonment for three more months. Set off is allowed. It is the above finding, conviction and sentence that are challenged in this appeal.

(3.) Heard Sri.Shanavas Khan, the learned counsel for the appellant and Sri.N.Suresh the learned Public Prosecutor for the State.