Advocates:
['SRI S SANAL KUMAR', '', 'SMT BHAVANA VELAYUDHAN', 'SMT T J SEEMA']

“CR”

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936

Crl.Rev.Pet.No. 1446 of 2014 ()

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AGAINST THE JUDGMENT IN SC 379/2008 of ASST.SESSIONS COURT,ALAPPUZHA

DATED 22-07-2011

AGAINST THE ORDER IN CP 1/2008 of J.M.F.C.-II, HARIPAD

AGAINST THE JUDGMENT IN CRA 397/2011 of ADDL.SESSIONS COURT, ALAPPUZHA.

DATED 24-03-2014

CRIME NO. 96/2004 OF KARTHIKAPPALLY EXCISE RANGE OFFICE, ALAPPUZHA

REVISION PETITIONER/APPELLANT/ACCUSED:

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GOPALAKRISHNAN, AGED 50 YEARS,

S/O.SUKUMARAN, SANTHIBHAVANAM,

AYIKKATTUMOOLA MURI

CHIGOLI VILLAGE, ALAPPUZHA DISTRICT.

BY ADVS.SRI.S.SANAL KUMAR

SMT.BHAVANA VELAYUDHAN

SMT.T.J.SEEMA

RESPONDENT/RESPONDENT/COMPLAINANT:

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STATE OF KERALA

REPRESENTED BY THE PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. N. SURESH

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION

ON 16.1.2015, THE COURT ON 29-01-2015 PASSED THE FOLLOWING:

“CR”

K. RAMAKRISHNAN, J.

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Crl.R.P.No.1446 of 2014

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Dated this the 29^th day of January, 2015.

O R D E R

The accused in SC.No.379/2008 on the file of the Assistant

Sessions Court, Alappuzha is the revision petitioner herein.

The revision petitioner was charge sheeted by the Excise

Inspector Karthikappally excise range alleging the offences

under sections 55 (a), (b) and (g) and sections 8(1) and (2) of

the Abkari Act.

2. The case of the prosecution in nutshell was that on

11.8.2004 at about 10 p.m the revision petitioner was found

engaged in manufacture of arrack at Santhi Bhavan in Chingoli

panchayat in violation of the provisions of the Abkari Act and

for that purpose he was found to be in possession of 4 litres of

arrack and 35 litres of wash and implements used for

manufacture of arrack and thereby he had committed the

offences punishable under sections 8(1) read with 8 (2) and 55

(a), (b) and (g) of the Abkari Act.

3. After investigation, final report was filed before the

Judicial First Class Magistrate Court-II, Haripad and the learned

Crl.R.P.No.1446 of 2014

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Magistrate has taken cognizance of the case as C.P.No.1/2008

and committed to the Sessions Court, Alappuzha and after

committal, the Sessions Judge took cognizance of the case

as S.C.No.379/2008 and it was made over to Assistant Sessions

Court, Alappuzha for disposal.

4. When the accused/revision petitioner appeared before

the court below, after hearing both sides, the learned Assistant

Sessions Judge framed charge under sections 8(1) and (2) and

55(a), (b) and (g) of the Abkari Act against the revision petitioner

and the same was read over and explained to him and he pleaded

not guilty. In order to prove the case of the prosecution, Pws 1

to 5 were examined and Exts.P1 to P9 and Mos 1 to 6 were

marked on their side and after closure of the prosecution

evidence, the revision petitioner was questioned under section

313 of the Code and he denied all the incriminating

circumstances brought against him in the prosecution evidence.

He had further stated that he had not committed any offence

and he has been falsely implicated in the case. He was

arrested by the excise officials while he was returning home

after his work and the articles taken from the canal adjacent to

his house were used to falsely implicate him in this case. Since

Crl.R.P.No.1446 of 2014

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the evidence in this case did not warrant acquittal under section

232 of the Code, the revision petitioner was directed to enter

on his defence, but no defence evidence was adduced on his

side. After considering the evidenc