ELERI NARAYANI Vs. STATE OF KERALA

JUDGEMENT

(1.) REVISION Petition is filed by challenging the concurrent findings of the trial court and the lower appellate court, that the petitioner is guilty of the offence under section 58 of the Abkari Act.

(2.) HEARD the learned counsel for the revision petitioner and the learned Public Prosecutor.

(3.) THE learned Magistrate examined three witnesses and marked three documents on the side of the prosecution. There was no defence evidence adduced. M.O. 1 is the plastic can allegedly possessed by the accused. The trial Court convicted the appellant basing on the oral evidence of the officers, who allegedly made the detection of the offence. The lower appellate Court confirmed the conviction and sentence and dismissed the appeal.