SASI ALIAS KUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Thiruvananthapuram, the appellant, who was the accused in the Sessions Case No.1052/2001 on the file of the Additional Sessions Court for the Trial of Abkari Act cases, Neyyattinkara, challenges the conviction entered and the sentence passed against him for an offence punishable under section 58 of the Abkari Act.

(2.) The case of the prosecution is that on 26.6.1998 at about 11 a.m. on the eastern shore of Asari pond at Chenkalpakuthi in Keezhkolla Desom the accused was found pouring illicit arrack from a black jerry can of 5 liters capacity into a bottle having capacity of 750 ml. and the accused has thereby committed an offence punishable under section 58 of the Abkari Act.

(3.) On the accused pleading not guilty to the charge framed against him by the court below for the aforementioned offence, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined five witnesses as PWs 1 to 5 and got marked seven documents as Exhibits P1 to P7 and one material object as MO1.