SANTHOSH, S/O.BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge is against the judgment of conviction and sentence made in S.C.No.299/2004 on the files of the Court of Additional Sessions Judge ( Adhoc) I, Kalpetta. The conviction is under Section 55(a) of the Abkari Act. The prosecution case in a nutshell is that while the excise officials were on patrol duty, the appellant was found in possession of 10 litres of wash and thereby committed the offence.

(2.) When the appeal came up for hearing, the learned counsel for the appellant submitted that here is a case where originally the court framed charge for an offence under Section 55(g) of the Abkari Act and without altering the charge and without providing an opportunity for further cross examination of the witnesses under section 217 of Cr.P.C., 1973 convicted the accused for an offence under Section 55 of the Abkari Act. This has materially prejudiced the appellant in his defence. It is also the submission of the learned counsel that actually the possession was also not proved beyond reasonable doubt.

(3.) I heard the learned Public Prosecutor.