SANKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in S.T. No. 5528 of 1995 of the Judicial Magistrate of the First Class, Irinjalakuda and the appellant in Crl.A. No. 29 of 1998 of the Sessions Court, Thrissur. He was convicted under Section 51(a) of the Kerala Police Act and sentenced to undergo simple imprisonment for 14 days and to pay fine of Rs. 50/- and in default to undergo simple imprisonment for two days by the trial court by judgment dated January 28, 1998. On appeal, the lower appellate court by judgment dated February 28, 2000 confirmed the conviction and sentence of the accused. Now the accused has come up in revision challenging his conviction and sentence.

(2.) The case of the prosecution, as shaped in evidence before the trial court, was that on December 16, 1995 at about 10.45 a.m. the accused/revision petitioner was found behaving disorderly manner under the influence of liquor on the public road at Irinjalakuda, causing annoyance and obstruction to the public and thereby committed the offence punishable under Section 51(a) of the Kerala Police Act. PW3, the then Sub Inspector of Irinjalakuda Police Station, caught the accused red-handed and subjected him to medical examination by PW1, the Medical Officer in charge of the Taluk Headquarters Hospital, Irinjalakuda. PW1 the Medical Officer issued the certificate Ext.P1 dated December 16, 1995 stating that the accused has consumed alcohol and he was under the influence of liquor. PW3 registered the case against him.

(3.) When the accused was produced before the trial court, he denied the charge under Section 51(a) of the Kerala Police Act. PWs.1 to 3 were examined and Ext.P1 was marked on the side of the prosecution before the trial court. When the accused was questioned under Section 313 Cr.P.C., by the Magistrate, he denied having committed any offence. No defence evidence was adduced. The learned Magistrate, on an appreciation of evidence, found the revision petitioner/accused guilty of the offence punishable under Section 51(a) of the Kerala Police Act, convicted him and sentenced him as aforesaid, which is confirmed in appeal.