BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is directed against the judgment dtd. 19/4/2011 in Crl.A.No.39/2009 on the files of the Additional Sessions (Adhoc) Court-I, Pathanamthitta (for short 'the appellate court') confirming the judgment dtd. 2/2/2009 in C.C.No.1127/2004 on the files of the Judicial First Class Magistrate Court, Adoor (for short 'the trial court'). The revision petitioner is the accused. He faced trial for the offence punishable under Sec. 55(a) r/w Sec. 65 of the Abkari Act.

(2.) The prosecution case in short is that on 25/1/1997 at about 1.30 p.m., the revision petitioner was found transporting 35 litres of illicit spirit in a Jeep in contravention of the Abkari Act and thereby committed the offence.

(3.) The prosecution examined PW1 to PW6 and marked Exts.P1 to P6. MO1 was identified. No defence evidence was adduced. Ext.D1 was marked on the side of defence. Considering the evidence on record, the accused/revision petitioner was found guilty and he was convicted for the said offence. He was sentenced to undergo simple imprisonment for six months and to pay a fine of ?1,000/-(Rupees Thousand only), in default to suffer simple imprisonment for a period of one month. Challenging the conviction and sentence passed by both the courts below, the revision petitioner has approached this Court.