RAJESH KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Thiruvananthapuram, the appellant who was the 2nd accused in S.C.No.1169/2005 on the file of the Addl. Sessions Court (for trial of Abkari Act cases), Neyyattinkara, challenges the conviction entered and the sentence passed against the appellant for an offence punishable under sec.58 of the Abkari Act.

(2.) The case of the prosecution is that on 8.2.2004 at about 3.30 p.m. on the public road leading to the Parayil temple at a spot situated about 600 metres to the south of Pamamcodu junction within the limits of the Nemom Police Station, the two accused persons were found in possession of 4 litres of illicit arrack in a 5 litre jerry can and a glass tumbler and the sale proceeds obtained from the retail sale of illicit arrack. The accused have thereby committed offences punishable under secs.55(a) and 55(i) of the Abkari Act.

(3.) On the accused pleading not guilty to the charge framed against them by the court below for offences punishable under secs.55 (a) and 55(i) of the Abkari Act, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 6 witnesses as PWs.1 to 6 and got marked 7 documents as Exts.P1 to P7 and 2 material objects as M.Os.1 and 2.