VANAJA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the first accused in S.C. No. 186 of 2007 on the file of the Additional Sessions Judge/Special Judge for NDPS Act Cases, Thodupuzha.

(2.) As per the prosecution case, on 2/8/2005, while the Sub Inspector of Idukki Police Station and party were conducting patrol duty, they got information that the first accused is conducting sale of arrack in her house and accordingly, after forwarding search memorandum to the Magistrate, they reached the house of the first accused at about 4.30 p.m. and searched the house in the presence of the first accused and recovered 2 cans of two litre capacity and a glass from the kitchen. When it is found that the cans contained illicit arrack, the police party attempted to arrest the first accused and then she resisted the arrest and tore her nighty and made loud noise and thereupon, accused Nos. 2 to 4, who are the neighbours of the first accused, reached there with weapons.

(3.) It is alleged that the second accused was armed with a chopper and she attempted to inflict cut injury on the head of the Sub Inspector and the third accused pelted stones on his back and head. The first accused beat a Police Constable on his left cheek. The fourth accused threatened to cause the death of the Sub Inspector, if in case he caused the arrest of the first accused and the accused are thereby alleged to have prevented the police party from discharging their official duty. Subsequently, after the arrival of the additional police force, they arrested the accused persons and recovered the contraband items.