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2020 Supreme(SC) 56

ASHOK BHUSHAN, M.R.SHAH
RAMESAN (DEAD) THROUGH LR. GIRIJA. A – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant :Anjani Kumar Mishra, Advocate
For the Respondent:Vipin Nair, P.B. Suresh, Karthik Jayashankar, Advocates

JUDGMENT

Ashok Bhushan, J.

This appeal has been filed against the judgment of the High Court of Kerala dated 06.03.2014 by which Criminal Appeal of the appellant has been dismissed.

2. Brief facts of the case giving rise to this appeal are:-

    2.1 A First Information Report was registered against Ramesan under Sections 55 (a) and (g) of the Kerala Abkari Act [1 of 1077 (ME)]. Charge under Sections 55(a) and (g) of the Kerala Abkari Act was framed. Prosecution led oral and documentary evidence to prove the charge. Statement of Ramesan was also recorded under Section 313 of Cr.P.C, who completely denied the incident and charge.

    2.2 Additional Session Judge vide its order dated 20.12.2006 convicted the first accused Ramesan under Section 55(a) and imposed imprisonment for a period of two years and a fine of Rs. One Lakh. The accused was also convicted and sentenced under Section 55(g) of the same punishment of imprisonment of two years and fine of Rs. One Lakh. In default of payment of fine amount, accused was to undergo simple imprisonment for six months each under Sections 55(a) and (g) of the Abkari Act.

    2.3 An appeal was filed by the first accused Ramesan in the High Court being Crimina


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