PW6, Excise Inspector, registered Crime No.20 of 1999 through Ext.
P3 occurrence report.
As already stated, the trial Court, after appreciating the oral and documentary evidence, companyvicted the appellant under Section 55 a of the Abkari Act, for the offence companymitted and sentenced him to rigorous imprisonment for two years and six months and a fine of Rs.1 lakh, and in default, further rigorous imprisonment for six months, which, as already stated, was modified by the High Court.
On the side of the accused, DW1 was examined.
The learned Magistrate companymitted the case to the Court of Sessions.
P5 were marked.
P1 to Ext.
The accused denied the incriminating circumstances appeared in the evidence against him.
MO1 was identified.
After the prosecution evidence, the accused was examined under Section 313 of the Code of Criminal Procedure.
S. Radhakrishnan, J. Leave granted.
Appeal No.1104 of 2004, by which the High Court modified the sentence awarded by the trial Court to that of rigorous imprisonment for one year and to pay a fine of Rs.1 lakh, and in default, simple imprisonment for three more months for an offence companymitted under Section 55 a of the Abkari Act, 1077.
Prosecution, in support of the case, examined PW1 to PW6 and Ext.
The prosecution case is that on 15.9.1999 at 7.00 a.m., the appellant was found in possession of 10 litres of arrack while he was transporting the same through the road in between Mokavoor and Kypurathpalam.
