LOJI JOSEPH Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This revision petition is directed against the judgment dtd. 30/4/2010 in Crl.A.No.681/2008 on the files of the Special Additional Sessions Judge (Marad Cases), Kozhikode (for short 'the appellate court') confirming the judgment dtd. 19/7/2008 in S.C.No.883/2004 on the files of the Principal Assistant Sessions Court, Kozhikode (for short 'the trial court'). The revision petitioner is the accused. He faced trial for the offence punishable under Sec. 55(a) of the Abkari Act.

(2.) The prosecution case in short is that on 9/7/1999 at 5.30 a.m., the revision petitioner was found in possession of 20 litres of illicit arrack in contravention of the Abkari Act and thereby committed the offence.

(3.) The prosecution examined PW1 to PW5 and marked Exts.P1 to P8. MO1 and MO2 were identified. On the side of defence, DW1 was examined. 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 rigorous imprisonment for 2 years and to pay a fine of ?1,00,000/-(Rupees one lakh), in default to suffer simple imprisonment for a period of six months. In appeal, substantive sentence was modified and reduced to rigorous imprisonment for 1 year and also to pay a fine of ?1,00,000/-, in default to suffer simple imprisonment for a period of six months. Challenging the conviction and sentence passed by both the courts below, the revision petitioner has approached this Court.