(1.) This appeal has been preferred by the appellants/accused Nos. 1 and 2 in S.C.No.1308/2006 on the files of the Additional District and Sessions Judge Fast Track (Adhoc-II) (for short the court below), challenging the judgment dtd. 2/4/2009 convicting and sentencing them under Sec. 8 of the Abkari Act.
(2.) The prosecution case in short is that on 9/1/2005 the accused were found manufacturing arrack in a shed situated on the back side of the house of the accused No.1 in Chathamangalam amsom and desom and 5 litres and 400 ml of arrack was seized from their possession, in contravention of the Abkari Act and Rules and thereby committed the offence.
(3.) To prove the case of the prosecution, PW1 to PW3 were examined and Exts. P1 to P8 were marked. MO1 series and MO2 were identified. The court below after trial found the accused guilty for the offence punishable under Sec. 8 of the Abkari Act and convicted and sentenced them to undergo rigorous imprisonment for 2 years and to pay a fine of ?1,00,000/-, in default to suffer rigorous imprisonment for 6 months each. Challenging the said judgment, the accused have filed this appeal.