MARI DHORAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 03.05.2006 of the Additional Sessions Judge (Ad hoc-I), Thodupuzha (for short 'the court below') in SC No.329/2004. Two accused involved in the case were found guilty by the court below for the offence punishable under Sec. 8(1) of the Abkari Act (for short 'the Act') and each of them were convicted under Sec. 8(2) of the Act and sentenced to undergo rigorous imprisonment for two years and pay fine of Rs. 1,00,000.00 and in default of payment of fine, to undergo simple imprisonment for one year each.

(2.) The case of the prosecution was to the following effect:

(3.) The learned Public Prosecutor and the learned counsel representing the defence were heard on framing of charges. Charge was framed for the offence under Sec. 8(1), punishable under section 8(2) of the Act. It was read over and explained to both the accused, they denied the allegations in the charge against them and claimed to be tried. Accordingly the trial was held.