VASUDEVAN ACHARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.173/2004 on the file of the Additional Assistant Sessions Judge, Alappuzha who stands convicted under section 55(a) of the Abkari Act and sentenced to undergo simple imprisonment for 2 years and to pay a fine of Rs.1,00,000/- and in default to undergo simple imprisonment for 6 months, has come up in revision.

(2.) The case of the prosecution, tersely, is as follows:-

(3.) To bring home the charge, the prosecution examined as many as 7 witnesses. Exts.P1 to P 13 were marked. MO' s 1 to 3 were produced and identified. The learned Assistant Sessions Judge, on an evaluation of the entire evidence, came to the conclusion that the prosecution had succeeded in establishing its case and convicted the petitioner under section 55(a) of the Abkari Act. Challenge raised by the petitioner against the conviction and sentence before the Court of Sessions resulted was repelled. The above concurrent findings are under challenge in this Criminal Revision.