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2024 Supreme(Online)(SC) 10037
SANJAY KAROL, ABHAY S. OKA, JJ
SAJEEV – Appellant
Versus
STATE OF KERALA – Respondent
Criminal Appeal No. 1134 of 2011 | Criminal Appeal No. 567 of 2015
For the Appellants/Petitioners: Mr. Gaurav Aggarwal
For the Respondents: State of Kerala's Senior Counsel
Conviction for conspiracy under IPC and Abkari Act affirmed due to involvement in the sale of toxic alcohol, establishing knowledge and intent significantly contributing to multiple deaths and injuries.
Headnote:(A) Indian Penal Code - Sections 302, 307, 326, 120B - Abkari Act - Sections 55(a), (h), (i) and 57(A)(1)(ii) - Conviction for conspiracy leading to alcohol poisoning resulting in multiple deaths and injuries - Appellants awarded life imprisonment due to the role in mixing noxious substances unlawfully for profit - Conviction upheld by High Court. (Paras 1-56)
(B) Criminal Conspiracy - Definition and necessity of establishing intent between parties involved in committing illegal acts - Evidence indicated joint responsibility in causing death and injuries through illicit liquor. (Paras 35-38)
Facts of the case:
The case arises from the deaths caused by consuming spurious liquor mixed with methyl alcohol, resulting in the demise of 7 individuals and injuries to many others. A certain group, including the appellants, conspired to mix and sell this lethal substance, leading to their conviction on multiple charges. (Paras 2-4)
Findings of Court:
The court found sufficient evidence against the appellants to confirm their involvement in the crime, affirming the sentences handed down by the lower courts. (Paras 49-50)
Issues: Whether the conviction and sentencing of the appellants were sustainable based on the evidence presented regarding their conspiracy and involvement in the illegal alcohol trade. (Paras 6-16)
Ratio Decidendi: The court determined that the appellants knowingly engaged in a conspiracy to sell toxic alcohol, establishing their culpability under the relevant legal definitions of conspiracy and related offences. (Paras 8-9, 45)
Result: Criminal Appeal No. 567 of 2015 is dismissed; Criminal Appeal No. 1134 of 2011 is abated due to the appellant's death.
| Table of Content |
|---|
| 1. conviction of appellants for alcohol poisoning. (Para 1 , 2) |
| 2. details of the conspiracy and alcohol supply. (Para 3 , 4) |
| 3. trial and high court findings affirmed. (Para 9) |
JUDGEMENT
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 REPORTABLE Digitally signed by NEETA SAPRA Date: 2023.11.09 17:13:26 IST Reason:
- Signature Not Verified 2 | Criminal Appeal Nos. 1134 of 2011 & 567 of 2015 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 hatched a conspiracy to mix methyl alcohol with spirit to sell the same for an unlawful gain through the outlet operated by A1. In furtherance of this conspiracy, A10 and A11 3 | Criminal Appeal Nos. 1134 of 2011 & 567 of 2015 brought 21 cans (each of 5L) containing methyl alcohol labeled as 'Biosole’ in the Maruti car owned by A10 to the residence of A1 and A3 on 05.04.2003. ii.
- Thereafter, A2, A7, and A8 brought spirit to the residence of A1 and A3 in the Ambassador car owned by A2. Methyl Alcohol supplied by A10 and A11 was mixed with this spirit by A1 and A3 and sold through A1's outlet. A4, A5, A6, A9 and A12 assisted A1 in this sale.
- iii.
- Seven persons, including A4 and A12, died after consuming the spurious liquor on 09.04.2003 – 10.04.2003. PWs 1 – 9 and 11 -12 also fell ill after consuming the said liquor. PW70, DYSP, received information about the incident and commenced the investigation with PW67, Addl. Sub- Inspector, Anchalummode Police Station. After recording statements, PW67 registered FIR (Ex.P186) under Sections 302, 307 read with Section 34 of IPC and Section 57A of the Abkari Act.
- iv.
- The prosecution examined 76 witnesses and marked Exhibits P1 to P259 along with material objects (hereinafter 4 | Criminal Appeal Nos. 1134 of 2011 & 567 of 2015 'MO') MO 1 to MO 29. The defence did not adduce oral evidence. After carefully considering the evidence produced, the Trial Court convicted the accused persons in the manner discussed above.
4. The Trial Court, after elaborate consideration, vide common judgment dated 02.04.2004, convicted the accused persons facing trial for different offences and awarded sentences therefor.
Accused No.1, 2, 5-9, 10 and 11 preferred appeals from the Trial Court to the High Court. The High Court confirmed the judgment of the Trial Court against these accused persons. The picture emerging is depicted in the chart below:
- No. Trial Court High Court Crime Punishment Awarded - 1. A1 – Thampi IPC – S.302 and 120B Imprisonment for life (302) and RI for 10 years (120B);
| No. |
| Name |
| No. |
| Name |
- Rs.50,000 fine Conviction affirmed for all offences IPC - S.307 RI for 7 years; Rs.
50,000 fine IPC – S.326 RI for 7 years; Rs.
50,000 fine Abkari Act – S.57 (A) (1) (ii) Imprisonment for life; Rs. 50,000 fine 5 | Criminal Appeal Nos. 1134 of 2011 & 567 of 2015 Abkari Act – S.55(a), (h) and (i) R.I. for 7 years;
- Rs.7,00,000 fine 2. A2 – Saji @ Parippally Saji Abkari Act – S.55(a)(i) R.I. for 10 years; Rs. 2,00,000 fine Conviction affirmed for all offences 3.
