CHAKKU BAI Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and sentence rendered by the Assistant Sessions Judge, Vellore dated 17.10.1996.

(2.) The respondent-police filed a complaint against the appellant/accused under Section 4(1-A)(ii) of the Tamil Nadu Prohibition Act stating that on 19.11.1994 at about 6.30 P.M., the accused was selling illicit arrack adulterated with the contraband atrophine which is injurious to health at Pallaikuppam village. The complainant says that the illicit arrack was sold by the accused and since he had consumed the same, he had giddiness, eye-irritation and fainting. Thereupon, he preferred the complaint before the respondent which gave rise to the prosecution. The Assistant Sessions Judge, having analysed the evidence adduced by the prosecution and after hearing the arguments of both sides, held that the appellant/accused was guilty of the offence under Section 4(1-A)(ii) of the Tamil Nadu Prohibition Act and sentenced her to undergo R.I. for 10 years and to pay a fine of Rs.7,000/-, in default to undergo one year simple imprisonment. Hence, the appeal.

(3.) In the above circumstances, the point for consideration is whether the judgment of conviction and sentence rendered by the trial Court is liable to be set aside.