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K. BABU
G. Gopan @ Gopakumar, S/O. Janardhana Panicker – Appellant
Versus
State Of Kerala Rep By The Excise Inspector, Excise Range – Respondent
JUDGMENT :
K.BABU, J.
This appeal essentially challenges the legality of the proceeding of a Sessions Court whereby a witness was arraigned as an accused under Section 319 Cr.PC, solely based on his oral testimony in the Court.
Facts:
2. The Excise Inspector, Excise Range Office, Thirupuram, on 12.03.1998 at or about 6.00 p.m., while conducting patrol duty, received information that illicit arrack was stored at House No.546 in Ward No.IV of Karodu Panchayath in Thiruvananthapuram District by one Babu (Accused No.1). The Excise Inspector proceeded to the place of occurrence and recovered a white jerry can containing illicit arrack at the north-eastern side of a room in the building. There was nobody in the said house at the time of the search. Babu, a permanent resident of House No.4 Chenkavila of Karodu Panchayath was in possession of the building. On seeing the Excise party, Babu ran away from the house. The Excise Inspector registered a crime alleging offence under Section 58 of the Kerala Abkari Act arraying Babu as the sole accused. After completing the investigation, the Excise Inspector submitted the final report before the jurisdictional Magistrate. The learned Magistrate commit
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