[CR]

The challenge is against the conviction and sentence imposed vide judgment dated 21.11.1997 in S.C.No.194/1997 on the files of the Sessions Court, Kottayam. The appellant, who is arrayed as the second accused being the licensee of a toddy shop, faced trial along with the first accused, who allegedly the employee of the said toddy shop, for the offences punishable under Sections 8(1) and (2) of the Kerala Abkari Act. But the appellant alone was convicted and punished under the above provision, whereas the first accused is acquitted. Hence, this appeal is at the instance of the second accused in the above Sessions Case.

2. Though this appeal pertains to the year 2007, this Court, by order dated 25.02.2010 in Crl.M.A.No.1894/2010 preferred by the appellant, directed the Registry of this Court to post the appeal for hearing, as the appellant is suffering from serious ailment namely, locally advanced Carcinoma Tongue Post Chemo and thus this appeal has come up for hearing out of turn.

3. The prosecution case is that on 19.10.2006 at about 6.50 p.m, in the toddy shop No.51/2006 of which the second accused is the licensee housed in the building bearing door No.V.P I/406 of