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TMI Blog2014 (4) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment of the Kerala High Court in Crl. 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 committed under Section 55(a) of the Abkari Act, 1077. 3. The prosecution case is that on 15.9.1999 at 7.00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused, DW1 was examined. As already stated, the trial Court, after appreciating the oral and documentary evidence, convicted the appellant under Section 55(a) of the Abkari Act, for the offence committed 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fence has been clearly made out. Offence under Section 55(a) can always be altered to Section 8(1) of Act 10 of 1996, therefore, we find no error in the conviction recorded by the Courts below. 7. However, considering the fact that the appellant has no previous history of committing such offence, we are inclined to modify the sentence to that of six months' simple imprisonment and a fine of Rs.50 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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