K PERIYASAMY Vs. WTATE, BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant is the 1st accused in S.C.No.247 of 2005 on the file of the learned Additional Sessions Judge, Fast Track Court No.II, Tiruchirappalli. Altogether, there were two accused, including the appellant herein, The 1st accused/appellant herein stood charged for offences under Section 4(1)(i) read with Section 4(1-A) of the Tamil Nadu Prohibition Act, 1937 and the 2nd accused stood charged for the offence under Section 4(1)(i) read with Section 4(1-A) of the Tamil Nadu Prohibition Act, 1937 read with Section 109 IPC. By judgment dated 30.07.2007, the trial court acquitted the 2nd accused but, convicted the appellant/1st accused under Section 4(1)(i) read with Section 4(1-A) of the Tamil Nadu Prohibition Act, 1937 and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for three months. Challenging the same, the appellant is before this Court, with this appeal.

(2.) The case of the prosecution, in brief, is as follows:

(3.) Based on the above materials, the trial court framed charge under Section 4(1)(i) read with Section 4(1-A) of the Tamil Nadu Prohibition Act, 1937 against the 1st accused and under Section 4(1)(i) read with Section 4(1-A) of the Tamil Nadu Prohibition Act, 1937 read with Section 109 IPC and they denied the same and pleaded innocence. Therefore, they were put on trial. In order to prove the charges, on the side of the prosecution, 12 witnesses were examined and 16 documents were marked, besides one material object.