JUDGMENT

The above appeal is filed by the accused in S.C.No.523/2002 on the file of the Additional Sessions Judge, Adhoc-III, Thalassery, against the conviction and sentence imposed on him as per judgment dated 12.04.2007. The above case is charge sheeted against the appellant alleging offences punishable under Section 8 (2) of the Abkari Act .

2. The prosecution case is that on 12.02.2002 at 22 hours, the accused was found possessing 3 litres of illicit arrack at Chunkakunnu in Kottiyoor Amsom. Hence it is alleged that the accused committed the offence.

3. To substantiate the case, the prosecution examined PW1 to PW4. Exts.P1 to P8 are marked as exhibits on the side of the prosecution. One witness is examined on the side of the defence as DW1. MO1 is the material object. After going through the evidence and documents, the trial court found that the accused committed the offence under Section 8 (2) of the Abkari Act . He was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,00,000/- and in default of payment of fine, the accused was sentenced to undergo simple imprisonment for two months. Aggrieved by the conviction and sentence, this Criminal appea