THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. No. 848 of 2006 on the file of the Additional Sessions Judge, Kottarakkara filed this appeal challenging the conviction and sentence imposed on him for the offence punishable under Sec. 8(1) and (2) of the Kerala Abkari Act as per the impugned judgment dtd. 29/6/2009.

(2.) The appellant, who is the original second accused, was tried along with the first accused by clubbing S.C. Nos. 785 of 2007 and 848 of 2006 and as per the impugned common judgment, the appellant/2nd accused is sentenced to undergo simple imprisonment for 6 months and to pay a fine of Rs.1,00,000.00 and in default of payment of fine, to undergo simple imprisonment for 3 months for the offence under Sec. 8(1) and (2) of the Kerala Abkari Act.

(3.) The prosecution case is that on 19/1/2004, at 5.25 p.m., the accused was found in possession of 750 ml. of arrack in a bottle of 1 ' litre capacity and a glass at Karimpaloor by the Sub Inspector of Pathanapuram Police Station and party and thereby, committed the offence as aforesaid.