J U D G M E N T

Appellant is the accused in S.C.No. 655/2004 on the file of the Additional District & Sessions (Adhoc) Court-I, Pathanamthitta. The above case is charge sheeted against the appellant by the Excise Inspector, Konni alleging offences punishable under Sections 8(1) & (2) of the Abkari Act.

2. The prosecution case is that, on 14-08-2002 at about

2.30 a.m, the accused was found keeping possession of and carrying 22 litres of arrack in a black cannas of 22 litre capacity carryng the same upon his head and walking through the Konni- Athumbumkulam public road near Konnappara junction by the Konni Excise Range Inspector and party. Hence it is alleged that the accused committed the offence.

3. To substantiate the case, prosecution examined PW1 to PW6. Exts.P1 to P10 are the documents marked on the side of the prosecution. One witness was examined on the side of the defence as DW1. MO1 is the material object.

4. After going through the evidence and the documents, the trial court found that the accused committed the offence punishable under Section 8(1) & (2) of the Abkari Act. He is sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1,00,