2022 (6) TMI 1037

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....opali Lakhotia, Adv For the Respondent : Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mrs. Ashly Harshad, Adv. Mr. Rohith R. Kartha, Adv JUDGMENT Rastogi, J. 1. Leave granted. 2. The correctness of the judgment passed by the High Court of Kerala dated 24th November, 2020 in Criminal Appeal No. 460 of 2006 is a subject matter of challenge in appeal before this Court. 3. T....

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....ar and conviction and sentence under Section 309 IPC was set aside, that became a subject matter of challenge in appeal before this Court. 5. As per the case of the prosecution, the appellant under the leadership of co accused (A3 to A5) was found dealing with spirit and for that purpose, A3 had taken house on rent. A3 to A5 bought 3000 litres of spirit in 86 cans each containing 35 litres and ....

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....lant(A1), A2 and A3 guilty and convicted them under Section 55(a) of the Abkari Act and A1 and A2 under Section 309 IPC. 8. The High Court on appeal being preferred, perused the record and upheld the conviction of the appellant under Section 55(a) of the Abkari Act but modified the sentence to undergo simple imprisonment of two years and fine of Rs. 1,00,000/( Rupees One Lakh only), in default ....

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....pugned judgment, while upholding conviction under Section 55(a), consider it appropriate to modify the sentence to simple imprisonment of one year and to pay a fine of Rs. 1,00,000/( Rupees One Lakh only), in default of payment of fine, to further undergo simple imprisonment of six months. 11. With this modification, the appeal stands disposed of. 12. Since the appellant was granted exemptio....