ACHUTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) APPEAL filed under Section 374(2) of the Code of Criminal Procedure (for short, "Cr.P.C.").

(2.) APPELLANTS were convicted by the trial court in a case wherein they were charged with offences punishable under Sections 8(1) and 8(2) and 55(g) of the Abkari Act (for short, "the Act"). Prosecution case, shortly stated, is as follows: On 24.08.2003 at 4 p.m., the appellants were found manufacturing arrack by using distilling apparatus in a forest area at Manpilavu. PW6 (Sub Inspector of Police) got a phone message at about 2 p.m. that the appellants were engaged in illicit distillation of arrack. According to the prosecution case, PW6 and party went to the informed place and reached at the place at about 4.10 p.m.. On seeing the Police party, the appellants who were sitting by the side of distilling apparatus placed on a hearth, attempted to escape. Prosecution contended that four of them were arrested and two persons escaped. Later, remaining were arrested the next day and all the accused were produced before the Magistrate.

(3.) HEARD the learned counsel for the appellants and the learned Public Prosecutor.