NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the convict in S.C. No. 45/2004 of the Sessions Division, Alappuzha. By the judgment dated 22.06.2006 of the Additional Sessions Judge, Alappuzha, he stands convicted for offence punishable under Section 8(2) of the Abkari Act. The precise allegation against the appellant is that on 18.05.2001, at about 11.30 A.M., the Excise Inspector, Kayamkulam and party found him in front of the Sreeparvathy Temple, at Thachadi Junction on the Kareelakulangara-Chittankari road, in Pathiyoor Village, carrying 1500 ml of arrack. Thus he was arrested and removed from the spot after preparing a mahazar and collecting sample, in the presence of independent witnesses. On that basis Crime No. 11/2001 of Kayamkulam Excise Range was registered under Sections 8(1) and (2) of the Abkari Act and he was produced before the Court on the same day.

(2.) After investigation, a charge sheet was laid before the Judicial First Class Magistrate, Kayamkulam alleging offence punishable under Section 8(1) and (2) of Abkari Act, where the case was taken on file as C.P. No. 86 of 2003. As it is a case exclusively triable by a Sessions Court, after completing the procedural formalities, the case was committed to the court of session. The learned Sessions Judge made over the case to the trial court.

(3.) The accused was defended by a counsel of his choice. After hearing counsel on both sides, when the charge was framed, read over and explained, he pleaded not guilty. He was on bail. Five witnesses were examined on the side of prosecution. Exts. P1 to P4 were also marked. The material object was identified and marked as MO1. When examined under Section 313(1)(b) of the Criminal Procedure Code (for short the ' Cr.P.C .'), the appellant denied all the incriminating materials and reiterated his innocence. Finding that it is not a fit case for acquittal under Section 232 of Cr.P.C., the accused was called upon to enter on his evidence in defence. Thereafter, one witness was examined for the accused as DW1. After hearing counsel on both sides, the learned Additional Sessions Judge found the accused guilty of offence under Section 8(2) of the Abkari Act. After hearing him on sentence, he was sentenced to undergo rigorous imprisonment of two years and to pay a fine of Rs. One lakh. That conviction and sentence are challenged in this appeal preferred under Section 374 of the Cr.P.C.