KUMAR M. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been preferred by the appellant in Crl.Appeal No.435/2016 on the file of the Special Additional Court of Session (Marad Cases), Kozhikode, confirming the conviction of the revision petitioner under Sec. 55(g) of the Abkari Act, passed by the II Additional Assistant Sessions Judge in S.C.648/2014.

(2.) The prosecution case is that on 10/9/2012 at 5.30 p.m. the revision petitioner was found in possession of 65 litres of wash and other utensils for distillation of arrack, at Kanniparamba Desom near the residence of one Pushpa. He was arrested by PW2, the Excise Inspector and party and the final report was filed by PW5, after investigation. The trial court, after finding him guilty under Sec. 55(g) of the Abkari Act, sentenced him to undergo simple imprisonment for two years and to pay fine of Rs.1,00,000.00. In appeal, the Sessions Judge while sustaining the conviction, reduced the substantive sentence of imprisonment to simple imprisonment for 45 days. Dissatisfied with the above judgment of the learned Sessions Judge, he preferred this Revision, raising various grounds.

(3.) Now the point that arise for consideration is the following :