Modified Sentencing in Abkari Act and IPC Case

In a recent legal case, the court examined the sentencing for offences under the Abkari Act and IPC. The focus was on the legal analysis and reasoning provided by the court in modifying the sentence imposed by the trial court. The decision sheds light on the interpretation of relevant provisions and the application of the law in such cases. Let’s delve deeper into the nuances of the court’s analysis in this case.

Facts

The appellant was convicted for the offence under Section 55(a) of the Abkari Act and Section 309 IPC.
The sentence imposed by the trial court was 3 years of simple imprisonment and a fine of Rs. 1,00,000/- each for the Abkari Act offence and a fine of Rs. 2,000/- under Section 309 IPC.
The High Court upheld the conviction but modified the sentence to 2 years of simple imprisonment and a fine of Rs. 1,00,000/- for the Abkari Act offence.
The conviction and sentence under Section 309 IPC were set aside by the High Court.
The High Court judgment dated 24 November, 2020 in Criminal Appeal No 460 of 2006 is being challenged in the present appeal.
Appellant and co-accused A-3 to A-5 were found dealing with spirit, stored in a rented house in large quantities.
The spirit was detected by police on a specific date and time, leading the accused to attempt suicide upon discovery.
Prosecution presented evidence from PW-1 to PW-11, while the defense called DW-1 to DW-4 as witnesses.
After examining evidence and documents, the trial court convicted A-1, A-2, and A-3 under the Abkari Act and A-1 & A-2 under IPC Section 309.

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