JUDGMENT :

This appeal is at the instance of the 1st accused in S.C No.623/2012 on the file of the Additional District & Sessions Judge-II, Pathanamthitta. The State of Kerala represented by the Public Prosecutor is arrayed as the sole respondent herein. The judgment in the above case convicting and sentencing the accused for the offence under Section 8(1) r/w 8(2) of the Kerala Abkari Act is under challenge herein.

2. The precise allegation of the prosecution is that on 21.12.2004 at about 6.30 p.m the 1st and 2nd accused were found carrying 5 litre of arrack near Govt. L.P.School, Thekkekara, Perunadu Village against the prohibitions contained in the Kerala Abkari Act. Both of them were nabbed redhandedly. Thereafter, crime registered alleging commission of offence under Section 8(1) r/w 8(2) of the Kerala Abkari Act. On completing investigation, charge laid before the Judicial First Class Magistrate Court-I, Ranni. The learned Magistrate committed the case to the Sessions Court for trial and disposal. Later this case was made over to Additional Sessions Judge-II, Pathanamthitta for trial and disposal.

3. The trial court, after framing charge, recorded evidence in this matter. The