CHATHANKUTTY S/O. KUNHINAGAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant is the sole accused in S.C.No.341 of 2002 of the court of the Assistant Sessions Judge, Tirur and in this appeal he challenges his conviction and sentence imposed for the offence punishable under Section 8 (2) of the Abkari Act by the judgment dated 28/01/2005 in the above sessions case.

(2.) THE prosecution allegation is that, at about 2 p.m. On 06/01/2001, the accused was found standing on the North - Eastern corner of the property belonging to one Haneefa, adjacent to an Oven, where process of manufacturing of arrack were going on and therefore according to the prosecution the accused has committed the offences punishable under Section 55(a) and 8(1) of the Abkari Act. On the above allegation Crime No.14 of 2001 was registered in the Tirurangadi Police Station and on completing the investigation the police filed a report in the Judicial First Class Magistrate Court, Parappanangadi wherein C.P.No.34 of 2002 was instituted and the learned Magistrate by his order dated 30/10/2002 in the above proceedings committed the case to the Sessions Court wherein S.C.No.341 of 2002 was instituted which made over to the present trial court for disposal.

(3.) I have heard Sri.P.K.Suresh Kumar, the learned Senior Counsel appearing for the appellant and Sri.Abdul Khadir, the learned Public Prosecutor for the State.