JUDGMENT

PUNCHHI, J. :- These are two criminal appeals arising out of the judgment and orders of the High Court of Kerala dated April 9, 1990. passed in Criminal Appeal No. 416 of 1985. The respective appellants herein are Joseph Kurian, A-4 and Philip Jose, A-1 described as such in the Courts below.

2. These appeals arise out of a phase of sporadic incidents referred in Kerala as the "Punalur Liquor Tragedy" in which certain person died and others received injuries due to consumption of poisonous adulterated arrack, ethyl alcohol adulterated with methyl alcohol. pursuant to wide spread rumours of poisonous arrack sales, the Circle Inspector of Police, Punalur on 19-2-1981 raided a few pan shops in the town and seized small polythene pouches containing arrack kept for unauthorised sale supplied by Punalur arrack depot. Two cases were registered on the basis of the said recovery. The following day on 20th February, 1981, the Sub-Inspector of Police, Punalur effected a search of the arrack depot at Punalur controlled and managed by A-1 and took samples of arrack in order to have them tested by chemical analysis. Case under Section 272, I.P.C. and Section 57(a) of the Kerala Abkari Act was registered. Two days thereafter, i.e. on 22-2-1981, three persons one Sreedharan Pillai and two others, were reported to have died allegedly due to consumption of adulterated arrack. Three cases were registered on account of the unnatural death of these persons. During the course of investigation of these cases conducted by the Circle Inspector of Police, Punalur, two more cases were registered.

3. Pursuant to the registration of these related cases accused persons were arrested and the crimes investigated. Six cases were separately put up for trial before the Court of Session but they were ordered to be tried jointly. At the trial, the prosecution produced as many as 91 witnesses and 101 documents to establish its case. Finally the Court of Session on October 29, 1985 found A-1 and A-4 guilty of offences punishable under Sections 272 and 328 of I.P.C. as also for offences punishable under Sections 55(a) and 55(i) of the Kerala Abkari Act and imposed sentences of imprisonment on them thereunder. Accused Nos. 2, 3, 6 and 7 were found guilty for offences punishable under the Abkari Act and were imposed nominal sentences of fine only. The remaining four accused Nos. 5, 8, 9 and 10 were found not guilty and were thus acquitted. The High Court on appeal by A-2, A-3, A-6 and A-7 confirmed the conviction and sentence of A-3, A-6 and A-7 and dismissed the appeal of A-2 as abated on account of his death. We have nothing to do now with the afore-referred to eight accused. Fate of A-1 and A-4 alone remains to be dealt with.

4. The High Court confirmed the convictions and sentences of A-1 as imposed by the Court of Session. It however set aside the similar convictions and sentences of A-4 recorded by the Court of Session and instead convicted him under Section 109, I.P.C. for having abetted the commission of offences punishable under Sections 272 and 328, I.P.C. whereunder, without specificity, he was awarded rigorous imprisonment for a period of two years. It is in this form that these appeals are before us.

5. The prosecution was able to prove not only by its own evidence but also by admission of A-1 in his statement under Section 313, Cr. P.C. that he was the person in charge of the liquor business initially belonging to his father, which had been taken over by him in management. It has not been disputed that during the year 1980-81 A-1 had Abkari licences for vending arrack in more than one range and had also the licence for wholesale dealership in Indian made foreign liquor throughout the State. It is also not disputed any more that he was in charge and in control of the Punalur Depot, even though the licencee was A-2, wherefrom arrack samples had been taken by the investigation on 20th February, 1981. It also stand undisputed that these samples were foun