J U D G M E N T

In this appeal filed under Section 374 (2) Cr.P.C., the appellant who is the sole accused in S.C.No827/2012 on the file of the Court of Session, Pathanamthitta, challenges the conviction entered and sentence passed against him for the offences punishable under Sections 55 (g) and 8(1) read with Section 8 (2) of the Abkari Act , 1 of 1077 (the Act).

2. The prosecution case is that on 24/06/2005 at 05:30 p.m., the accused along with another person was found engaged in distilling arrack in the lean-to the house of one Vellara Nirappel Sahadevan situated in Thekkumala. Hence, the accused as per the final report/charge sheet is alleged to have committed the offences punishable under the aforementioned Sections.

3. Crime no.17/2005, Excise range, Ranni, that is Ext.P6 crime and occurrence report was registered by PW5, the Preventive officer, to whom the accused, the contraband articles and the documents were handed over by PW4, the Detecting off