Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - s.302 r/w s.120B s.328 - Hooch tragedy - Sale of poisonous liquor - Prosecution case was that 36 persons lost their life and 44 persons lost their eye sight after consuming poisonous liquor purchased from a licenced vends of the respondents |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - s.302 r/w s.120B; s.328 - Hooch tragedy - Sale of poisonous liquor - Prosecution case was that 36 persons lost their life and 44 persons lost their eyesight after consuming poisonous liquor purchased from a licenced vends of the respondents - Conviction of respondents-accused by trial court - Acquittal of all others - Respondents challenged conviction before High Court - High Court acquitted the respondents on the ground that there was no evidence to connect the respondents with the consumption of methyl alcohol by the victims - High Court also indicted appellant-State for its negligence and directed State to pay compensation of Rs.2 lakhs each to heirs of 36 persons who died and 1.50 lakhs each to those who were rendered blind by consuming spurious liquor - On appeal, Held: Medical evidence supported the prosecution case that the cause of death and loss of eyesight was the result of consuming spurious liquor - The victims and their relatives stated that they purchased liquor from the vends of respondents - Such statements cannot be ignored and are relevant u/s. 7 of Evidence Act - Conduct of the respondents in throwing away remaining stock after the incident came into limelight is also a supporting piece of evidence - Apparently greed to make quick money led to· this sordid episode - Once it is shown. that the spurious liquor was sold from the vends belonging to the respondents coupled with the fact that after this tragedy struck, the respondents even tried to destroy remaining bottles clearly established that the respondents had full knowledge of the fact that the bottles contained substance methyl and also had fall knowledge about the disastrous consequences thereof which would bring their case within the four corners of s.300 fourthly - Order of acquittal is set aside and conviction ordered by trial court is restored - Evidence Act, 1872 . |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 474 |
Petitioner | State Of Haryana |
Respondent | Krlshan & Anr. |
SCR | [2017] 7 S.C.R. 251 |
Judgement Date | 2017-06-09 |
Case Number | 847 |
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