SACHIDANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was charge-sheeted for the offences punishable under section 55 (a) and (i) of the Abkari Act on the allegation that he was found in possession and engaged in the sale of 7 litres of arrack-blended toddy in a 10 litre black jerry can with a steel tumbler on the way lying on the eastern side of the shop building situated in Kelayathukonathu on the western side of the Ezhamkulam Junction. To prove the charge against the appellant, the prosecution examined PW1 to PW3 and Exts. P1 to P5 were marked. Material objects MO1 and MO2 were also marked. After closing the evidence, the appellant was questioned under section 313 of Cr. P. C. He denied the commission of offence alleged against him and stated that he case was foisted against him at the instigation of the owner of Archana Shop.

(2.) RELYING on the evidence adduced by the prosecution both, oral and documentary, the trial court found the appellant guilty under section 55 (a) and (i) of the Abkari Act and he was sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs. 1,00,000/-each for offences under sections 55 (a) and (i) of the Abkari Act and in default to undergo rigorous imprisonment for a further period of six months each. The benefit under section 428 Cr. P. C. was granted. The above conviction and sentence are under challenge in this appeal.

(3.) THE prosecution case against the appellant is that he was found in possession of 7 litres of arrack blended with toddy in a 10 litre black jerry can and he was selling the same. THE evidence of PW2 and PW3 would show that on 23-6-199 9 at 7 P. M. when they reached the place of occurrence, they found the appellant pouring some liquid into MO2 from MO1 and on seeing the police party, the appellant attempted to ran away by leaving MO1 and MO2. THE evidence would also show that when the appellant was questioned, he confessed that he was conducting sale of arrack.