JAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. No. 412 of 2001 on the file of the Additional Sessions Court (trial of Abkari Act Cases), Neyyattinkara is the appellant. He faced trial for the offence punishable under Section 58 of the Abkari Act.

(2.) The prosecution case against the appellant was that on 19-8-1997 while the Assistant Excise Inspector of Amaravila Excise Range was on patrol duty, he found the accused in possession of 5 litres of arrackin ablack jerry can at Vellarada Kudappanamoodu-Kuttappu road near Kuttappu junction, Kovilloor Desom. To prove the case against the accused, the prosecution examined PWs. 1 to 6 and produced Exts.P 1 to P7 as well as MO. 1 can. On the side of the defence, DW.1 was examined, but no documents were produced. After closing the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. Denying the allegations levelled against him, the accused stated that the excise officials had foisted the case against him. However, after considering the entire evidence, the trial court found the accused guilty of the offence charged against him, convicted him thereunder and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to undergo rigorous imprisonment for a further period of three months. Challenging the above conviction and sentence, this appeal is filed.

(3.) This appeal is filed through the jail authorities and the appellant is defended by a State Brief. This Court heard the learned Counsel appearing for the appellant as well as the learned Public Prosecutor.