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2020 Supreme(Ker) 243

R.NARAYANA PISHARADI
Unnikrishnan Nair S/o. Achuthan Nair – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.AJITH MURALI, SRI.K.V.ANIL KUMAR
For the Respondent: SRI C K PRASAD-PP

ORDER :

The revision petitioner is the accused in the case S.C No.539/2007 on the file of the Court of the Assistant Sessions Judge, Chengannur.

2. Concurrent verdicts of guilty and conviction recorded against the petitioner under Section 8(1) read with 8(2) of the Abkari Act, 1077 are assailed in this revision petition.

3. The prosecution case is that, on 18.07.2002, at about 11:45 hours, at the public road in front of the Orthodox Church at the place Thottumugham, PW1 Preventive Officer found the petitioner having in his possession MO1 can containing four litres of arrack.

4. The trial court framed charge against the petitioner for the offence punishable under Section 8(1) read with 8(2) of the Abkari Act. The petitioner pleaded not guilty and claimed to be tried.

5. The prosecution examined PW1 to PW5 and marked Exts.P1 to P7 documents and material object MO1. No evidence was adduced by the petitioner/accused.

6. The trial court found the petitioner guilty of the offence punishable under Section 8(1) read with 8(2) of the Abkari Act and convicted him thereunder. The trial court sentenced him to undergo rigorous imprisonment for a period of four months and also to pay a fine of Rs.1,00

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