JUDGMENT :

Challenge in this appeal is to the judgment dated 02.12.2008, passed by the Additional Sessions Judge-II, Kalpetta, in SC.No.13/2006.

2. By the impugned judgment, the appellant (accused No.2) was convicted of the offence punishable under Section 55(g) of the Abkari Act.

3. The prosecution case is that, on 10.11.2003 at about 04.00 P.m., the appellant and the other accused were found transporting 250kg of Jaggery, 1½kg of Navasaram and 200grams of Tatiripoovu through the Chooramal-Kappikadu estate road for the purpose of distilling arrack. On 17.11.2003, based on the confession given by the appellant, the Excise Inspector, Kalpetta (PW1) recovered wash and other utensils from a nearby rocky area.

4. After completion of the investigation, the final report was submitted against the appellant, and the other accused (A1 and A3) for the offence punishable under Section 55(g) of the Abkari Act before the Chief Judicial Magistrate Court, Kalpetta.

5. The case was committed to the Sessions Court, Kalpetta, from where it was made over to the Trial Court. On the appearance of the accused, charge was framed against them for the offence punishable under Section 55(g) of the Abkari Act. Th