SIDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (in short, " Cr.P.C."). The appellant/accused was convicted by the learned Additional Sessions Judge for offences punishable under Sections 55(i) and 58 of the Abkari Act (in short, "the Act"). Separate sentences were imposed on the accused and it was directed that the substantive sentences should run concurrently.

(2.) The prosecution case:

(3.) After closing the investigation, a charge was filed before the learned Magistrate. Finding that the case was exclusively triable by a Court of Sessions, learned Magistrate committed the case to the Sessions Court. Thereafter, it was made over to the Additional Sessions Court. Learned Additional Sessions Judge framed charges and at the time of trial, four witnesses were examined and eight documents and four material objects were marked. On evaluating the evidence adduced before the Court, the learned Additional Sessions Judge found the accused guilty and convicted and sentenced him.