KRISHNAKUMAR AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants were convicted by the Additional District and Sessions Judge (Ad -hoc) Fast Track Court -I, Pathanamthitta, in S.C. No. 472/2008 for offences punishable under Section 8(1) and (2) of the Abkari Act.

(2.) THE allegation of the prosecution is that on 10/5/2006 at about 6.15 a.m., the first accused was found by the Circle Inspector of Police in possession of a two litre bottle containing about one litre of spirit and a glass, at a place near his residence. He was intercepted and after the formalities of seizure and drawal of samples, he was arrested. He thereupon disclosed the possession of huge quantity of spirit with his brother, the second accused, who was residing nearby. Thereupon the detecting officer prepared a search memorandum and proceeded to the adjoining house. From a shop room, two cans of 35 litres each capacity were seized. One can contained 30 litres of spirit and the other one had 15 litres of spirit. After drawing samples from the contraband, contemporaneous documents were prepared and the second accused was arrested. After the crime was registered, they were produced before the Court. They faced trial before the Sessions Court, pleading not guilty. On the side of the prosecution, PWs 1 to PW4 were examined and Exts.P1 to P15 were marked. MOs 1 to 5 were identified. The learned Sessions Judge, on appreciation of the entire evidence concluded that the prosecution had succeeded in proving the case against the accused, convicted them and sentenced each to undergo RI for four years and to pay a fine of Rupees One Lakh with a default sentence of RI for one year each.

(3.) THE prosecution is relying essentially on the oral testimony of PWs 2,3 and 4. PW4, the Circle Inspector, was the detecting officer and PW3, the Head constable attached to his search team. PW2 was a woman who claimed to be an independent witness, who turned hostile and did not support the prosecution case in any manner, except admitting her signature in Ext. P1 search list. PW1 was the SI of Thiruvalla police station who verified the records and laid the charge.