RADHA Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by accused Nos. 1 and 2 in SC No. 132 of 2007 on the file of the Court of the IVth Additional Sessions Court (Ad hoc II), Thodupuzha. By its judgment dated 08/01/2008, the accused / appellants were convicted under S.55(b), (g), (i) and 8(2) of the Abkari Act and sentenced them to undergo simple imprisonment for two years each and fine of Rs.1 lakh each in default to simple imprisonment for three months each for the offence under S.55(b) of the Abkari Act and no separate sentence is passed for the offence under S.55(g) and 8(2) of the Abkari Act though they were found guilty for the said offences. It is the above judgment, conviction and sentence are challenged in this appeal.

(2.) The allegation against the appellants is that they were found engaged in distilling arrack and keeping distilled arrack and thereby committed offences punishable under S.55(b), (g), (i) and 8(2) of the Abkari Act. According to the prosecution, the said offences were detected when PW 3 conducted a raid at about 11.30 p.m. on 13/12/2005 in the thicket near I.D.A. ground, Idukki, based upon an information received by him at about 11 p.m. on 13/12/2005. Based upon the information, PW 3 proceeded to the place of occurrence after securing the presence of two witnesses and he saw A1 pouring some liquid from a bucket to a 2' litre can using a funnel with the help of accused No. 2. According to PW 1, on seeing the police party, accused ran away and made their escape and though they were chased, it resulted in vain. Thereafter, PW 3 seized all the utensils used for illicit manufacturing of arrack and sample of arrack and wash seized on the basis of Ext. P1 Mahazar. After returning to the Police Station, he registered Cr. No. 254/2005 in the Idukki Police Station for the said offence. After completing the investigation, PW 4 laid charge before the Judicial First Class Magistrate Court, Idukki wherein CP No. 2/07 was instituted. As per the order dated 21/02/2007, the learned Magistrate committed the case as per his proceedings in CP No. 2/07 to the Court of Sessions wherein the case was taken on file as the sessions case and subsequently made it over to the Court of the IVth Additional Sessions Judge (Ad hoc II), Thodupuzha.

(3.) During the trial of the case, PWs 1 to 4 were examined and Exts. P1 to P5 were marked from the side of the prosecution. Material objects are marked as MOs 1 to 10. No evidence either oral or documentary was adduced from the part of the defence.