MAKKUTTI SREEDHARAN Vs. STATE

JUDGEMENT

(1.) Both these criminal appeals are filed challenging the judgment of conviction and sentence dated 4.6.2008 in SC 751/2003 on the files of the Additional Sessions Court, Adhoc-III, Thalassery. The appellant in Crl.A 1205/2008 is the first accused and the appellants in Crl.A.1241/2008 are accused Nos.2 and 3 in the above said case. The conviction is under Section 55(g) of the Abkari Act. The sentence is to undergo rigorous imprisonment for one year each and to pay a fine of Rs. 1 lakh each with default simple imprisonment for 3 months each.

(2.) The prosecution case in a nutshell is that on 21.4.1999 at 6.45 a.m, the accused persons were found keeping possession of 222 litres of wash and utensils intended for the purpose of distilling illicit arrack and also found engaged in distilling illicit arrack against the provisions of the Abkari Act and thereby committed the above offence.

(3.) When these appeals came up for hearing, the learned Senior Counsel appearing for the appellant in Crl.A. 1205/2008 submitted before this court that in this case, it can be seen that no reliable evidence was adduced by the prosecution to show the involvement of the appellant. It is the further submission of the learned counsel that even though prosecution got a case that the appellant was arrested from the spot, the said aspect will not inspire confidence especially when two independent witnesses were not supported the prosecution.