P L JOHNY Vs. WELFARE FUND INSPECTOR

JUDGEMENT

(1.) This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under the provisions of the Toddy Workers Welfare Fund Act. The verdict of guilty is concurrent, but the section of conviction and the sentence were altered by the appellate court. While the trial court held the petitioner/accused guilty of the offence punishable under Section 14B of the Act and sentenced him to undergo S.I. for a period of one year and to pay a fine of Rs. 4,000/- and in default to undergo S.I. for a period of one month, the appellate court modified the sentence and altered the conviction to one under Section 14(2) of the Act and to suffer S.I. for a period of three months and to pay a fine of Rs. 500/- and in default to undergo S.I. for a further period of 15 days.

(2.) The prosecution alleged that the petitioner is the employer in respect of toddy shops Nos. 1 to 3 and 4 to 30 of Kodungallur Excise Range for the period 1.8.1982 to 31.3.1983. It was alleged that inspite of Exts. P2 and P3 orders dt. 27.3.1985 and 4.6.1984, the petitioner, the licensee/employer in respect of those shops had failed to pay an amount of Rs. 29,184.75 and Rs. 3,28,732.75 respectively being the employer's and the employees' contributions with interest payable in respect of the said toddy shops.

(3.) This case has had a checkered career. It is unnecessary to advert to the history of the case. After remand by this court, when the matter came up for disposal afresh before the learned Magistrate, there was the evidence of PWs. 1 to 3 and Exts. P1 to P13 on the side of the complainant/Prosecutor and the evidence of DWs. 1 and 2 and Exts. D1 and D2 on the side of the accused.