MUTHUSAMY Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been directed against the convictions and sentences, dated 5.7.2005, passed in Sessions Case No.82 of 2004, by the Additional District and Sessions Judge, Fast Track Court, Namakkal.

(2.) The crux of the case of the prosecution is that the witness by name, Karunanidhi has given a statement to the effect that on 15.09.2003, at about 7.00 p.m. in Poongulampatti, near a threshing floor, the accused has sold illicit arrack and he purchased and consumed the same and due to that, he suffered illness and subsequently, a raid has been conducted and found that the accused is in possession of 200 liters of poisonous arrack.

(3.) The investigating officer, viz., P.W.5, after conducting investigation, has laid a final report on the file of the Judicial Magistrate Court, No.II, Nakammal.