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2023 Supreme(SC) 1126

ABHAY S. OKA, SANJAY KAROL
Sajeev – Appellant
Versus
State Of Kerala – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Renjith B. Marar, Adv. Ms. Lakshmi N. Kaimal, AOR Mr. Santhosh M Jose, Adv. Mr. Arun Poomulli, Adv. Mr. Vishnu Pazhanganat, Adv. Mr. Rajkumar P, Adv. Mr. Abhijith Sreekumar, Adv. Ms. Preetha S. Chandran, Adv. Mr. Davesh Kumar Sharma, Adv. Ms. Ashu Jain, Adv. Mr. R Basant, Sr. Adv. Mr. M Gireesh Kumar, Adv. Mr. Ankur Kulkarni, Adv. Mr. Vijay Kumar, AOR Mr. Gaurav Agrawal, AOR
For the Respondent(s): Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mr. Subhash Chandran K.R., Adv. Mrs. Ashly Harshad, Adv.

JUDGMENT :

Sanjay Karol, J.

1. The present appeals arise from the final judgment and order dated 23.07.2010 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No.72 of 2004, which confirmed the judgment and order dated 02.04.2004 passed by Sessions Judge, Kollam in Sessions Case No.1308 of 2003 vide which the present Appellants, two in number, namely, (i) Sajeev (Accused No. 10) and (ii) Roy (Accused No.11) were convicted under Sections 302, 307 and 326 read with Section 120B of the Indian Penal Code (hereinafter ‘IPC’), Section 55(a), (h), (i) and Section 57 (A) (1) (ii) of the Abkari Act. They were awarded imprisonment for life for the offence under Section 302 and Section 57(A)(1)(ii), along with other sentences, ordered to run concurrently.

2. The incident in question relates to alcohol poisoning, resulting in the death of 7 innocent people, blindness in 11 people, and more than 40 people sustaining injuries.

3. The prosecution case emerging from the record, as also set out by the Courts below, is as follows:

    i. On 04.04.2003, at about 7 PM, A1, A3, A10, and A11


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