JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 13.06.2016 passed by the High Court of Kerala at Ernakulam in Crl. A. No.1837 of 2010 whereby the High Court allowed the appeal in part by maintaining the conviction but reducing the sentence imposed on the appellant herein by order dated 13.09.2010 passed by the Additional Sessions Court (Adhoc1), Palakkad in Sessions Case No.221 of 2009.

3. Few facts need to be mentioned for disposal of this appeal, which involves a short question.

4. The appellant along with two others were prosecuted for commission of an offence punishable under Section 55 (a) of the Abkari Act enacted by the State of Kerala in Sessions Case No.221/2009 in the Court of Additional Sessions Judge, Palakkad.

5. By order dated 13.09.2010, the Sessions Judge acquitted Accused No. 3 but convicted the appellant herein (Accused No. 2) and Accused No.1 and sentenced them to undergo rigorous imprisonment for five years and a fine of Rs.1 lakh and in default of payment of fine, to further undergo rigorous imprisonment for one year.

6. The appellant felt aggrieved and filed appeal in the High Court of Kerala. By