THANKAMONY AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the judgment dtd. 27/6/2007 passed by the Additional Sessions Court, Fast Track (Ad hoc), Mavelikkara in Sessions Case No.456 of 2003, the accused have preferred this appeal. The appellants were convicted under Ss. 8(2) and 55(g) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of three years and pay a fine of Rs. One Lakh.

(2.) The prosecution case is that on 10/9/2001 at 05.30 p.m., the accused were found to have stored 40 litres of wash at their house bearing No.X/115 of Palamel Village in violation of the provisions of the Abkari Act.

(3.) After completing the investigation, final report was submitted against the accused for the offences punishable under Ss. 8(2) and 55(g) of the Abkari Act before the jurisdictional Magistrate. The case was committed to the Sessions Court from where it was made over to the trial Court. On the appearance of the accused charges were framed against them for the offences punishable under Ss. 8(2) and 55(g) of the Abkari Act. The accused pleaded not guilty to the charges and therefore, they came to be tried by the trial Court for the aforesaid offences.