MANOHARAN AND ANR. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence made in S.C.No.189/2000 on the files of the Court of Addl. Dist. and Sessions Judge ( Adhoc) Court I, Kollam. The first appellant was convicted for an offence under Sections 55(a) and (b) of the Abkari Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,00,000/-. The second appellant was convicted for an offence under Sections 55 (b) of the Abkari Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,00,000/-.

(2.) The prosecution case is that on 7.7.1998 at about 8.30 hours, PW1, the S.I. of Police got a reliable information that three persons are distilling arrack from the house of one Manoharan residing in Thazham muriyil puthen kandathil Thengumthara colony in Kizhakkekallada village. He immediately proceeded with a police party and found that three persons involved in distilling from a lean-to a building. One person ran away and two others were arrested from the spot. The distilling articles were also seized. The prosecution altogether examined three witnesses and Exts.P1 to P4 were marked. MO1 to MO3 series were also identified. After appreciating the evidence, accused Nos. 1 and 2 were convicted and sentenced as stated above. Accused No.3 was acquitted by the trial court. The challenge is against the said conviction and sentence.

(3.) When the appeal came up for hearing, the learned counsel raised two points for consideration :