GOPUNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed by the accused in S.C.No.896 of 2007 on the files of the Additional Sessions Judge, Thrissur (Fast Track Court No.II Adhoc) (for short 'the court below') against the judgment dtd. 4/4/2009 convicting him under Ss. 8(1) and 8(2) of the Abkari Act.

(2.) The prosecution case in short is that on 22/2/2006 at 05.30 p.m., the accused was found in possession of 1 ' litres of illicit arrack in contravention of the Abkari Act and Rules and thereby committed the offence.

(3.) On receipt of summons, the accused appeared at the court below. After hearing both sides, the court below framed charge against the accused under Ss. 8(1) and 8(2) of the Abkari Act. He pleaded not guilty. On the side of the prosecution, PWs 1 to 5 were examined and Exts.P1 to P14 were marked. MOs.1 and 2 were identified. After trial, the court below found the accused guilty under Ss. 8(1) and 8(2) of the Abkari Act and he was sentenced to undergo simple imprisonment for 1 year and to pay a fine of Rs.1,00,000.00, in default to suffer simple imprisonment for 1 month. The said conviction and sentence are under challenge in this appeal.