MOHAN KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence in S.C.No.291/2001 on the files of the Additional Sessions Judge for Trial of Abkari Act Cases, Neyyattinkara. The conviction is under Section 58 of the Abkari Act. The sentence imposed is to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,00,000/- (Rupees One Lakh Only), in default, rigorous imprisonment for a period of six months.

(2.) The facts necessary for the disposal of this appeal is as follows: On 10.11.1997, at about 5 PM, while the Excise officials were patrolling through Cheelanthimukku - Venpakal road, they found accused 1 and 2 engaged in pouring of arrack from 10 litre white jerrycan in to a black jerrycan and thereby committed the offence.

(3.) The prosecution altogether examined five witnesses and Exts.P1 to P7 marked. MO1 and MO2 also identified. On the side of the defence, DW1 was examined. After appreciating the evidence, the court below convicted the accused and sentenced as stated above.