RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who is the accused in S.C.486/2004 of the Additional District & Sessions Court, Pathanamthitta, challenges the conviction and sentence passed u/s.8(1) and (2) of the Abkari Act. He was convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of 1 lakh, in default to undergo simple imprisonment for two years.

(2.) The facts necessary for the indictment were that on 23.8.2000 at 12.15 noon, PW1 and his Excise party were conducting patrol duty along the Thengamam-Pazhakulam public road, when they reached in front of the shop of one Narayanavilasam Gopalan, the appellant was found carrying two litres of arrack in a cannas. PW1 seized the arrack, after preparing a mahazar, reaching at the Excise Office, he registered a crime and occurrence report. After completing investigation, laid charge before Judicial First Class Magistrate Court, Adoor, from there the case was committed to Sessions Court for trial.

(3.) To prove the seizure of arrack, the prosecution examined occurrence witness and also admitted documentary evidence. The evidence consists of oral testimony of PW1 to PW5 and documentary evidence of Ext.P1 to P9. The material object MO1 was marked in this case. The incriminating circumstances brought out in evidence were denied by the appellant while questioning u/s.313 Cr.P.C. He was also heard u/s.232 Cr.P.C. The appellant examined DW1 in support of his defence. After hearing both sides, the trial Court convicted the appellant.