KUNHUMON ALIAS RAGESH Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Viyyoor, the 2nd accused in S.C. 38/05 on the file of the Addl. Sessions Court, (Adhoc) Fast Track Court No. III, Palakkad, challenges the conviction entered and the sentence passed against him by that court for offences punishable under Sec. 8(2) and 55 (a) of the Abkari Act.

(2.) The case of the prosecution is that on 19-3-2002 at 5.30 p.m. in the house bearing III/264 of Marutharoad Panchayath and belonging to the first accused, the 2nd accused persons were found in joint possession of 9 liters of arrack in a jerry can having a capacity of 10 liters. The accused have thereby committed the aforementioned offences.

(3.) On the accused persons pleading not guilty to the charge framed against them by the court below for offences punishable under Secs. 8(1) and 8(2) of the Abkari Act, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 7 witnesses as P.Ws 1 to 7 and got marked 10 documents as Exts. P1 to P10 and one material object as MO1.