Thankappan v. State of Kerala
Case brief
What is this about?
The Kerala High Court upheld the conviction of the appellant for manufacturing and possessing illicit liquor under Sections 8(1) and (2) of the Abkari Act. The court dismissed the contention that hostile independent witnesses vitiated the prosecution case, finding the official witnesses credible. While confirming the conviction, the court reduced the rigorous imprisonment sentence from 2 years to
What did the court decide?
Conviction confirmed under Sections 8(1) and (2) of the Abkari Act; sentence reduced to rigorous imprisonment for 6 months and fine of Rs.1 lakh.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937
CRL.A.No. 730 of 2006 ( )
AGAINST THE JUDGMENT IN SC 66/2004 of ADDL.SESSIONS JUDGE, FAST TRACK COURT-II, ALAPPUZHA DATED 04-03-2006
(CP 83/2003 of J.M.F.C.-I, ALAPPUZHA)
APPELLANT(S)/ACCUSED::
THANKAPPAN, S/O. KUTTAPPAN, AGED 47 YEARS, MADATHIL VELIYIL VEEDU, NO.778 WARD NO.13, MANNANCHERRY PANCHAYATH KOMALAPURAM VILLAGE, ALAPPUZHA DISTRICT.
BY ADVS.SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN
RESPONDENT(S)/COMPLAINANT::
Issues for consideration
3 issues framed by the court
Whether the evidence of official witnesses Pws.1 and 2 is sufficient to sustain conviction despite hostile independent witnesses.
Whether the conviction under the Abkari Act should be upheld.
Whether the sentence imposed by the lower court requires any modification given the time lapse of 15 years.
Parties & counsel
- appellant
THANKAPPAN
- respondent
STATE OF KERALA
Coram
P. BHAVADASAN
Case details
As recorded by the court registry
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