JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED in S.C. No. 82/2000 on the file of the Additional Assistant Sessions Judge, North Paravur, is the revision petitioner herein. The revision petitioner was charge -sheeted by the Excise Inspector, Njarackal Range, in Crime No. 2/1998 of Njarackal Excise Range, alleging offences under Section 55(a) and 64 -A of Abkari Act.

(2.) THE case of the prosecution in nut shell was that, on 27.08.1998, at about 05.00 p.m., the second accused was found to be in possession of 5.22 liters of coloured illicit liquor in 29 bottles of 180 ml. each on the north -western side of the house compound with No. 184 -A of Ward No. IV of Pallipuram Panchayath, which belongs to him and that was handed over by the first accused to the second accused for the purpose of sale and thereby both of them have committed the offence punishable under Section 55(a) and 64 -A of the Abkari Act.

(3.) WHEN the revision petitioner along with other accused appeared before the court below, after hearing both sides, charge under Section 55(a) and 64 -A of the Abkari Act was framed and the same was read over and explained to them and they pleaded not guilty. In order to prove the case of the prosecution, PWs 1 to 6 were examined and Exts. P1 to P8 and MOs 1 and 2 series were marked on their side. After closure of the prosecution evidence, the revision petitioner and first accused were questioned under Section 313 of the Code of Criminal Procedure and they denied all the incriminating circumstances brought against them in the prosecution evidence. They have further stated that, they have not committed any offence and they have been falsely implicated in the case. After considering the evidence on record, the trial court found the first accused not guilty of the offences alleged and acquitted him of those charges under Section 235(1) of the Code of Criminal Procedure, but found the revision petitioner guilty under Section 55(a) and 64 -A of the Abkari Act and convicted him thereunder and sentenced him to undergo simple imprisonment for two years and also to pay a fine of Rs. 1,00,000/ -, in default to undergo simple imprisonment for one year under Section 55(a) of Abkari Act and also to pay a fine of Rs. 25,000/ -, in default to undergo simple imprisonment for one month under Section 64 -A of Abkari Act. Aggrieved by the same, he filed Crl. Appeal 643/2002 before the Sessions Court, Ernakulam, which was made over to Additional Sessions Court, North Paravur, for disposal and the learned Additional Sessions Judge by the impugned judgment dismissed the appeal, confirming the order of conviction and sentence passed against the revision petitioner. Aggrieved by the same, the present revision has been filed by the revision petitioner/second accused before the court below.