The High Court altered the appellant's conviction under Section 55(a) of the Abkari Act to Section 63 and modified the sentence to a fine with default imprisonment, dismissing the criminal appeal accordingly.
Conviction altered to Section 63 of Abkari Act; sentence modified to fine of Rs.5,000 and three months simple imprisonment in default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU
THURSDAY, THE 12TH JULY 2007 / 21ST ASHADHA 1929
CRL.A.No. 293 of 2002()
----------------------------SC.360/2000 of ADDL. DISTRICT & SESSIONS COURT (ADHOC), KOTTAYAM
APPELLANT: ACCUSED:
---------------
DIVAKARAN, S/O.ACHUTHANKUTTY, CHERUVELIPARAMBIL HOUSE, THRIKKODITHANAM KARA, THRIKODITHANAM VILLAGE.
BY ADV. SRI.JOHN VARGHESE
RESPONDENTS: COMPLAINANT:
-------------------------
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.DILIP .S.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 12/ 07/2007 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A. 293/2002
ORDER ON CRL.MP. NO.2842/2002 IN CRRP. NO.293/2002
DISMISSED
12.07.2007
SD/- K.R.UDAYABHANU, JUDGE
/TRUE COPY/
PA. TO JUDGE
tss
K.R.UDAYABHANU, J
Crl.A.No.293 of 2002
--------------------------------------------Dated this the 12th day of July, 2007
JUDGMENT
The appellant stands convicted for the offence under Section 55(a) of the Abkari Act and sentenced to undergo R.I. for three years and to pay a fine of Rs.1 lakh and in default, to undergo simple imprisonment for sixty days.
CRA293/02
Page numbers
2.8.2003 is three litres. The date of the incident case is 26.4.1999.
The appeal is disposed of accordingly.
K.R.UDAYABHANU, JUDGE
csl
1 issue framed by the court
Whether to alter the conviction from Section 55(a) of the Abkari Act to Section 63 of the Abkari Act and modify the sentence.
2 provisions across 1 enactments
DIVAKARAN
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM
K.R.UDAYABHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
