JUDGMENT

These appeals are directed against the common judgment dated 14.11.2006 in S.C.Nos.498/2000 and 470/2001 on the file of the Additional Sessions Court-I, Mavelikkara which arose from Crime No.322 of 1997 of Mannar Police Station. The appellant in Crl.A.No. 2224/2006 is accused No.1 and the appellant in Crl.A.No.470/2001 is accused No.2 in the crime.

2. By the impugned judgment, the appellants were convicted for the offences punishable under Sections 8(2) and 55(g) of the Kerala Abkari Act. They were sentenced to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs.1,00,000/- each under Section 8(2) of the Abkari Act. They were also sentenced to undergo rigorous imprisonment for a period of five years each and to pay a fine of Rs.1,00,000/- each under Section 55(g) of the Abkari Act.

3. The prosecution case is that on 02.09.1997, around 11.45 a.m., the appellants were found in possession of 250 ml. of arrack in the house by the name ‘Kuttitharayil Sojan Bhavanam’ in Kuttamperoor Muri of Mannar village. The crime was detected by the Mannar Police. The Police also recovered 8 litres of fermented spirit and about 85 litres of wash intended to manufac