JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.1, 2 and 4 in Crime No.236 of 1999 of Kattakkada Police Station, who faced trial in S.C.No.562 of 2002 of the Additional District and Sessions Judge, Fast Track -IV, Thiruvananthapuram and stand convicted for offence punishable under Section 55(a) of the Kerala Abkari Act, have jointly preferred this appeal.

(2.) According to the prosecution, on 25.07.1999, the second accused acting as the driver of a lorry bearing No.KL -B - 7589, exhibiting fake lorry number KL -Y -730, along with accused Nos.3 and 4, transported 6090 liters of spirit in 174 cans of 35 litres each in the above lorry, through Mandapathin Kadavu check post at 12.30 noon. Though they stopped the vehicle for checking, while it was being checked, it was forcefully driven away damaging the barricade. The sales tax inspector of the above check post conveyed the information to the Sub Inspector of Police,Kattakkada, who along with police party chased the lorry in separate vehicles and intercepted it at a place about 7 kms away from the check post. The three accused who were travelling in the vehicle tried to escape and the second accused, the driver was apprehended. He revealed that the lorry belonged to his brother - in -law, the first accused, who had also purchased spirit from a place at Umasamudram in Tamil Nadu. He had entrusted the spirit to be transported to the remaining accused. On the basis of the above information, investigation was conducted and after completion of investigation, final report was laid against all the four accused. The third accused had absconded and the case against him was split up as C.P.No.280 of 2001 and was reported to be pending. Remaining accused Nos.1, 2 and 4 faced the trial.

(3.) The court below, after evaluating the evidence tendered by the prosecution in the form of oral testimony of PWs1 to 13, documentary evidence in the form of Exts.P1 to P25, found all the three accused guilty, convicted and sentenced them to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,00,000/ - with a default sentence of six months each for the offence punishable under Section 55(a) of the Kerala Abkari Act. Set off was also allowed. Aggrieved by the above conviction and sentence, the above accused has preferred this appeal.