SATHEESAN @ SASI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.106/2008 on the file of the Additional Sessions Court (Ad-Hoc-II), Thalassery, is the appellant. The appellant stands charged for the offence punishable under Section 8(2) of the Abkari Act. The learned Sessions Judge found the accused guilty of the offence punishable under Section 8(2) of the Abkari Act. He was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1 Lakh under Section 8(2) of the Abkari Act and in default of payment of fine to undergo simple imprisonment for a further period of three months. The parties hereinafter are referred to as arrayed in the sessions case.

(2.) The prosecution case is that on 14.8.2007 at 6:00 pm the accused was found in possession of one litre of arrack in a 10 litre jerry can at the northern side of the shop belonging to Govindan bearing door No.VI/384 situated on the northern side of the Chadachikundam Cheerangode road by the Sub Inspector of Police, Irikkur and party. PW3 registered the case and conducted investigation.

(3.) The evidence in this consists of testimonies of PWs 1 to 5, exhibits P1 to P9 and MO1 series on behalf of the prosecution. The accused was questioned under Section 313 Cr.P.C. He denied all incriminating circumstances brought out in evidence.