JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The correctness of the judgment passed by the High Court of Kerala dated 24th November, 2020 in Criminal Appeal No. 460 of 2006 is a subject matter of challenge in appeal before this Court.

3. The appellant, after facing trial, was convicted for the offence under Section 55(a) of the Abkari Act and Section 309 IPC and was sentenced to undergo simple imprisonment for 3 years and to pay a fine of Rs.1,00,000/ (Rupees One Lakh only) each, in default of payment of fine, to undergo simple imprisonment for one year under Section 55(a) of Abkari Act and further sentenced to pay fine of Rs.2,000/ (Rupees Two Thousand only) under Section 309 IPC by the learned Additional Sessions Judge by judgment dated 7th October 2005.

4. On appeal being preferred, the High Court while upholding conviction, modified the sentence to undergo simple imprisonment for 2 years and to pay a fine of Rs. 1,00,000/(Rupees One Lakh only), in default of payment of fine, to undergo simple imprisonment for one year and conviction and sentence under Section 309 IPC was set aside, that became a subject matter of challenge in appeal before this Court.

5. As per the case of the prosecu