Thomas K.C., vs State of Kerala,

Type Court Judgment Court Kerala Decided Jun 10, 2022

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Citation: sooperkanoon.com/1440990
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jun 10, 2022
Case Number: CRL.A/153/2019

Parties & Advocates

Appellant / Petitioner

Thomas K.C.,

Respondent

State of Kerala,

Excerpt

.....2022judgmentthe above appeal is filed by the accused in sessions case no.165/2017 on the file of the addl.sessions judge, pala. the above case was chargesheeted against the appellant alleging offence punishable under sec.55(i) of the kerala abkari act.2. the prosecution case is that on 8.9.2016 at about 6.30 am, the accused was found engaged in unauthorized sale of indian made foreign liquor adjacent to the entrance on the eastern side of uzhavoor grama panchayat fish market building.3. to substantiate the case, the prosecution examinedpw1 to pw5. exts.p1 to p17 were marked on the side of the prosecution. on going through the evidence and the documents, the trial court found that the accused committed the offence crl.a no. 153 of 2019 3under sec.55(i) of the abkari act and he is sentenced to undergo simple imprisonment for a period of two years and to pay a fine of rs.1,00,000/- (rupees one lakh only) and in default of payment of fine, the accused is directed to undergo simple imprisonment for a further period of six months. aggrieved by the conviction and sentence, this appeal is filed.4. heard the learned counsel for the appellant. thisappeal is filed from superintendent of police of the jail concerned. therefore, this court appointed adv.basil joy as the state brief. heard adv.basil joy. i also heard the learned public prosecutor.5. pw1 and pw4 are the witnesses relied by theprosecution. pw2 and pw3 are the occurrence witnesses, who turned hostile. but there is nothing to disbelieve the evidence of pw1 and pw4. moreover, mo1 series currency notes were also seized from the possession of the accused. the trial court after going through the entire oral and documentary evidence came to a definite conclusion that the accused committed the offence. there is nothing to interfere with the conviction and sentence imposed by the trial court.6. moreover, the public prosecutor submitted that the crl.a no. 153 of 2019 4accused already undergone the sentence and was.....

Full Judgment

CRL.A NO. 153 OF 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944 CRL.A NO. 153 OF 2019 AGAINST THE ORDER/JUDGMENT IN SC 165/2017 OF ADDITIONAL DISTRICT COURT, PALA CP 24/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PALA APPELLANT/S: THOMAS K.C., AGED 52 YEARS S/O. CHACKO, VAZHEPARAMBIL HOUSE, PIUSMOUNT KARA, UZHAVOOR VILLAGE. BY ADV STATE BRIEF,BASIL JOY RESPONDENT/S: STATE OF KERALA, REPRESENTED BY ITS EXCISE RANGE INSPECTOR, KURUVILANGAD - EXCISE RANGE. OTHER PRESENT: SMT.C.SEENA, PP THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 10.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL.A NO. 153 OF 2019 2 P.V.KUNHIKRISHNAN, J -------------------------------------------- Crl.Appeal No. 153 of 2019 -------------------------------------- Dated this the 10th day of June, 2022

JUDGMENT

The above appeal is filed by the accused in Sessions Case No.165/2017 on the file of the Addl.Sessions Judge, Pala. The above case was chargesheeted against the appellant alleging offence punishable under Sec.55(i) of the Kerala Abkari Act.

2. The prosecution case is that on 8.9.2016 at about 6.30 am, the accused was found engaged in unauthorized sale of Indian made foreign liquor adjacent to the entrance on the eastern side of Uzhavoor Grama Panchayat fish market building.

3. To substantiate the case, the prosecution examined

PW1 to PW5. Exts.P1 to P17 were marked on the side of the prosecution. On going through the evidence and the documents, the trial court found that the accused committed the offence CRL.A NO. 153 OF 2019 3

under Sec.55(i) of the Abkari Act and he is sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.1,00,000/- (Rupees One Lakh only) and in default of payment of fine, the accused is directed to undergo simple imprisonment for a further period of six months. Aggrieved by the conviction and sentence, this appeal is filed.

4. Heard the learned counsel for the appellant. This

appeal is filed from Superintendent of Police of the Jail concerned. Therefore, this Court appointed Adv.Basil Joy as the State Brief. Heard Adv.Basil Joy. I also heard the learned Public Prosecutor.

5. PW1 and PW4 are the witnesses relied by the

prosecution. PW2 and PW3 are the occurrence witnesses, who turned hostile. But there is nothing to disbelieve the evidence of PW1 and PW4. Moreover, MO1 series currency notes were also seized from the possession of the accused. The trial court after going through the entire oral and documentary evidence came to a definite conclusion that the accused committed the offence. There is nothing to interfere with the conviction and sentence imposed by the trial court.

6. Moreover, the Public Prosecutor submitted that the CRL.A NO. 153 OF 2019 4

accused already undergone the sentence and was released from jail on 1.2.2019. In such circumstances, nothing survives in this case. Therefore, the conviction and sentence imposed on the appellant as per the impugned judgment is confirmed. The appeal fails and hence, dismissed. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS

Same Court & Year Kerala · 2022 Same Parties Thomas K.C., vs State of Kerala, Same Judge Honourable Mr. Justice P.V.Kunhikrishnan