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2013 Supreme(Raj) 86
(Rajasthan High Court)
Raju Ram Vs. State of Raj. & Anr. (, J.)
HON'BLE NIRMALJIT KAUR, J.
Raju Ram
Versus
State of Raj. & Anr.
S.B. Criminal Revision Petition No. 1296 of 2011, decided on 22.02.2013
N.K. Bohra, Shanker Mewara, Nishant Bora, for Petitioners;
K.K. Rawal, Public Prosecutor, for State
Headnote:Cr.P.C., 1973, Sec. 228 read with General Clauses Act, 1897, Sec. 26 and Penal Code, Sec. 304, 328, 201, 120-B with Rajasthan Excise Act, 1954, Sec. 16/54, 54-B, 56 and 54-D — Reframing of charge — Allegations made in various F.I.Rs. registered against the petitioner are covered u/Sec. 54-B of the Rajasthan Excise Act therefore offence u/Sec. 304, 328, 201 and 120-B IPC can not be framed — Held — Offender can be prosecuted and convicted under either of the two enactments but he will not be liable to be punished twice — Prosecution is maintainable and can lie both under Special Act and General Act but the accused cannot be punished under both the Acts. (Paras 17 & 18)
Petition dismissed.
na-iz-la-] 1973] /kkjk 228 lifBr lkekU; [k.M vf/kfu;e] 1897] /kkjk 26 ,oa n.M lafgrk] /kkjk 304] 328] 201] 120-[k( jktLFkku vkcdkjh vf/kfu;e] 1954] /kkjk 16@54] 54-[k] 56 ,oa 54-?k & vkjksi iqufoZjfpr djuk & izkFkhZ ds fo:) iaftd`r fofHkUu izFke lwpuk izfrosnuksa esa fd;s x;s vfHkdFku jktLFkku vkcdkjh vf/kfu;e dh /kkjk 54-[k ds rgr vko`r gksrs gS vr% Hkk-na-la- dh /kkjk 304] 328] 201 ,oa 120-[k ds rgr vijk/k fojfpr ugha fd;k tk ldrk & vfHkfu/kkZfjr & vfHk;qDr dks nksuksa vf/kfu;eksa esa ls fdlh ,d vf/kfu;e ds rgr vfHk;ksftr ;k nks"kfl) fd;k tk ldrk gS ysfdu og nqckjk nf.Mr fd;s tkus gsrq ugha gksxk & vfHk;kstu iks"k.kh; gS vkSj fo'ks"k vf/kfu;e o lkekU; vf/kfu;e nksuksa ds rgr gks ldrk gS ysfdu vfHk;qDr dks nksuksa vf/kfu;eksa ds rgr nf.Mr ugha fd;k tk ldrkA
;kfpdk [kkfjt dhA ¼in la[;k 17 o 18½
2. As per the prosecution story, Raju Ram purchased five drums of sprit from one Hau Ram and the said drums were transported by Shyam Lal Vishnoi to Jodhpur. It was alleged that out of the said five drums, Raju Ram took one and half jerkin of sprit and he prepared country made liquor and sold it to Nirmal Sharma, Om Prakash Khatik, Roopa Ram, Pappa Ram, Harsukh Ram, Kana Ram etc. When the police party raided the house of Raju Ram, one Jerkin filed of sprit was found but as per the FSL report, it contained only Ethyl Alcohol. Apart from that, empty drums were found at the residence of Raju Ram.
3. Total six cases have been registered against the accused Basanti Nat at Sadar Thana, Sashtri Nagar and Basni Police Station as well as Excise Department. 16 cases against accused Kalu Ram, 8 cases against accused Roopa Ram and 2 cases against accused Kishan Lal @ Maharaj have been registered in different Police Stations.
4. On 19.1.2011, the complainant Rajesh Pahadi lodged a written complaint at Police Station Shastri Nagar being FIR No. 33/2011 stating therein that he along with one Manoj, Prafull and other labourers purchased country made liquor on 17.1.2011 from one Kishan alias Maharaj and Sharifa Nat. After consumption of the said liquor, they started feeling unwell and Prafull along with other labourers had to be admitted at M.D.M. Hospital, Jodhpur. It was further stated that on 19.1.2011 at 9:00 A.M. Vijay Pahadi died due to consumption of the country made liquor. Pursuant to died due to consumption of the country made liquor. Pursuant to that, investigation was started and postmortem of the deceased was conducted in the postmortem report, it was found that the alcohol, which he consumed, contained Methyl Alcohol due to which the labourer died. In connection with the aforesaid FIR, a number of accused persons were arrested during the investigation and it was found that Kishan alias Maharaj purchased the liquor from Roopa Ram and Pappa Ram. Accused Roopa Ram stated that Kalu Ram and Raju Ram are involved in the business of selling country made liquor and he has purchased liquor from them and sold it to Kishan alias Maharaj, who in turn sold it to labourers in Basani and Shastri Nagar areas. It was further ascertained that around 22 people died in Jodhpur and Pali districts because of consuming of the adulterated liquor for which a number of cases have been registered in Jodhpur and Pali.
5. FIR No. 32/2011 was registered by one Dharma Ram at Police Station Basni. During the investigation, a Tempoo bearing registration No. RJ 19 GA 3331 was recovered and naksha mauka was verified by Pappa Ram regarding loading and unloading of illicit liquor as well as area where the illicit liquor splashed and destroyed. As per the investigation, Pappa Ram had loaded five drums from the Durga transport Basni and left them to residence of Raju Ram situated at Khejarli and after receiving the news of death of people, he destroyed the drums & jerricans and splashed in less population area.
6. FIR No. 20/2011 was registered at Dangiawas Police Station, District Jodhpur by one Hema Ram stating therein that on 20.1.2011, his brother Lachhi Ram purchased two quarters of country made liquor from Om Prakash and after consuming the same, he became unconscious and admitted in M.D.M. Hospital, Jodhpur and during the course of treatment, his brother died on 22.1.2011.
7. After completion of investigation, the police filed charge-sheet against all the accused persons under Section 304, 328, 201 120-B of the IPC and 16/54, 54-B, 56 & 54-D of the Rajasthan Excise Act in their respective cases. The cases were committed to the Sessions Court, which were later on sent to the court of Additional Sessions Judge (Fast Track) No. 1, Jodhpur, who after hearing arguments framed charges against the accused-pe
