GOPALAKRISHNAN @ APPY Vs. STATE OF KERALA

JUDGEMENT

(1.) The Revision Petitioner is the accused in Sessions Case No.612/2005 of the Assistant Sessions Court, Kattappana as well as the appellant in Criminal Appeal No.17.2010 on the files of Additional Sessions Judge (Adhoc-II), Thodupuzha. He was prosecuted for the offence punishable under Section 8(1) and (2) of the Abkari Act. After trial, the Trial Court found the Revision Petitioner guilty of the said offence and convicted thereunder. He was sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,00,000/- and in default of payment, to undergo simple imprisonment for a period of one month under Section 8(1) and (2) of the Abkari Act. Though the said judgment was challenged in appeal, the Appellate Court also concurrently confirmed the conviction and modified the sentence. In supersession of the sentence ordered by the Trial Court, the substantive sentence of imprisonment was reduced and modified to three months and sustained the order to pay fine with default sentence. This Revision Petition is filed challenging the concurrent findings of conviction and modified sentence on various grounds.

(2.) The prosecution case against the Revision Petitioner is that on 13.03.2005, while PW4 Sub Inspector of Police was on patrol duty, the accused was found engaged in the process of vending arrack by standing on a pathway laying in front of his residential house. The accused was found holding a plastic jerry can which contained one litre of arrack along with a glass. He was arrested with the contraband, produced before the concerned court and later prosecuted for the said charge. Earlier, the accused was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1,00,000/- and in default to suffer simple imprisonment for three months. But in appeal, the Appellate Court set aside the conviction and sentence on the ground of the lack of questioning under Section 313 Cr.P.C. with respect to incriminating circumstances and remitted back the case for questioning under Section 313 Cr.P.C. and for fresh consideration thereon. After the said remand, the Trial Court again convicted him and sentenced as ordered above.

(3.) To prove the prosecution case, PW1 to PW4 were examined and Exts.P1 to P8 were marked. The Revision Petitioner entered appearance and pleaded not guilty and DW1 was examined in defence.