IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
MUSTHAFA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the case facts. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties. (Para 7 , 8) |
| 3. court's findings on evidentiary issues. (Para 9 , 10 , 11 , 12) |
| 4. conclusion and decision on the case. (Para 13) |
O R D E R This Criminal Revision Petition has been filed by the revision petitioner under Section 397 r/w Section 401 of the Code of Criminal Procedure , challenging the conviction and sentence passed against him for the offence punishable under Section 55 (a) of the Abkari Act by the Assistant Sessions Judge, Sultan Batheri as per the judgment dated 26.03.2013 in S.C No.67/2003, which was confirmed in appeal by the Additional Sessions Court - II, Kalpetta, as per judgment dated 12.01.2017 in Crl. Appeal No. 40/2017. The revision petitioner is the first accused in the said case, and the remaining accused were acquitted by the trial court.
2. The prosecution case is that on 28.03.2001, at 11.15 p.m, the first accused along with the third accused was found transporting 735 litres of rectified spirit in a Maruti Gypsy vehicle bearing Reg. No. TSK 4931 through Sulthanbatheri - Mysore public road and the second and the fourth accused were found travell
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