UTHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant/accused in S.C.No.304/2007 on the files of the Additional Sessions Judge, Fast TracK (Adhoc-I), Alappuzha (for short the court below), challenging the judgment dtd. 25/2/2009 convicting and sentencing him under Ss. 8(1) and (2) and 55 (g) of the Abkari Act.

(2.) The prosecution case in short is that on 1/3/2000 at 2.15 am, the accused was found in possession of 20 litres of arrack in two kannas having capacity of 10 liters each in contravention of the Abkari Act and Rules and thereby committed the offence.

(3.) To prove the case of the prosecution, PW1 to PW4 were examined and Exts. P1 to P7 were marked. On the side of the defence DW1 and DW2 were examined and Exts. D1 and D2 were marked. MO1 to MO9 were identified. The court below after trial found the accused guilty for the offences punishable under Ss. 8(1), (2) and 55 (g) of the Abkari Act and convicted and sentenced him to undergo rigorous imprisonment for a period of 4 months and to pay a fine of ?1,00,000/-, in default to suffer simple imprisonment for a further period of 2 months. Challenging the said judgment, the accused has filed this appeal.