The three accused were tried by the Court of the Additional District and Sessions Judge Ad hoc Fast Track Court I, Pathanamthitta who, by his judgment and order dated June 22, 2010 in Sessions Case No.682/2006 companyvicted and sentenced them, as numbered above.
The three accused came to the High Court in two separate appeals, being Criminal Appeal No.1338 of 2010 preferred by the two appellants before this Court and Criminal Appeal No.2198 of 2010 submitted to the High Court as jail appeal on behalf of accused No.1 Narayanan.
The High Court disposed of both the appeals by judgment and order dated August 4, 2011.
The other two accused, i.e., the appellants are before this Court in the present appeal.
On its inspection, the police found two 2 20 litres cans companytaining 40 litres of arrack lying inside the auto rickshaw and, thus, according to the police, the accused had companymitted the offence under Section 8 1 of the Abkari Act.
On seeing the police party, all the three occupants ran away leaving the auto rickshaw at the spot.
It maintained their companyviction but modified and reduced their sentence, as numbered above.
The auto rickshaw belonged to and it was being driven by appellant No.2.
The accused No.1 Narayanan apparently accepted the judgment of the High Court and has number preferred any special leave petition against the High Court judgment.
Aftab Alam, J. Leave granted.
KL 03 F 3146.
