VIJAYAN AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 19.3.2009 of Additional District and Sessions Court (Adhoc) II, Kollam (for short 'the court below') in S.C.No.699/2008. The first and sixth accused in the said case are before this Court in the captioned appeal seeking reversal of the aforesaid judgment. Altogether nine accused were involved in the said case. The court below after an extensive trial and hearing of the arguments advanced by the prosecution and the defence found accused Nos.1 and 6 guilty for the offence under Section 8(1) of the Abkari Act (for short 'the Act') and convicted and sentenced each of them to undergo rigorous imprisonment for a term of three years and to pay a fine of Rs. 3,00,000/- under Section 8(2) of the Act. Accused Nos.2 to 5 and 9 have been found not guilty for the offence under Section 8(1) of the Act and accordingly acquitted under Section 235(1) Cr.P.C. Aggrieved by the judgment as aforesaid, the convicted accused are before this Court in the captioned appeal seeking to set aside the same. Parties to this appeal are hereinafter referred to as 'the accused' and 'the complainant' for the sake of convenience.

(2.) The case of the prosecution in brief is as follows:-

(3.) Thereafter, all the accused in custody were released on bail. The investigation was completed and a final report was laid against accused Nos.1 to 6 chargesheeting them for the offence under Section 55(a) of the Abkari Act.