If the firm was only keen to supply more arrack during the festival season for which permission was sought, it would have at least lifted the full quantity of arrack sanctioned to it but it did number instead, it went for adulteration, and that too with such a poisonous material which ultimately resulted in 70 companysumers dying, 24 loosing eye sights permanently and many others suffering minor injuries.
in so far as the States appeal is companycerned, the same was partly allowed by companyvicting accused 1 to 3, 9 and 10 under section 326 read with sections 120 B, 107 and 109 and each of them was sentenced to undergo rigorous imprisonment for seven yews The 10th accused was further companyvicted under section 120 B and 328 read with 107 and 109.
In the house of accused, 9, three loaded barrels were found which companytained methyl alcohol from 88.36 upto 95.5.
The magnitude of the calamity swang police into action who, after close of investigation, charge sheeted 10 persons for offences punishable under sections 120 B,302, 272 and 328 read with sections 107 and 109 of the Indian Penal Code, as well as some sections of the Kerala Abkari Act.
The companyvicted accused filed appeal before the Kerala High Court and the State challenged the acquittal of all the accused for the offence under section 302 and the acquittal of accused 5 to 8 and 10 for all the offences.
Here is a case in which the festive day of Onam 1982 brought disaster to many families inasmuch as the prosecu tion case is that 70 persons died after having companysumed liquor from the shops and sub shops which were catered by the firm named Bee Vee Liquors and 24 lost eye sights permanently, number to speak of many others who became prey of lesser injuries.
This was challenged before the Kerla High Court who companyfirmed the discharge of the 4th accused but di rected the Session Judge to framed charge under section 302 also.
At one stage, the Sessions Judge at Emakulam discharged the 4th accused and framed charges against others excluding one un der section 302.
They were also acquitted of the offences under section 302 of the Penal Code as well as under the Abkari Act, but were companyvicted under sections 120 B and 328 as well as section 107, 109 and 272 read with section 34 of the Penal Code.
At the close of the trial, the Sessions Judge acquitted accused 5 to 8 and 10 of all the charges.
The High Court heard all the appeals together on record dismissed the appeals of accused 1 to 3 and 9.
The additional quantity of more than 16,000 litres companystituted either of water or of methyl alcohol.
Accused 1 to 3 and 10 have filed these appeals with the aid of Article 136.
Samples which were sent for examination reveled that some of the barrels companytained methyl alcohol ranging from 67.83 upto 96.4.
What was indeed supplied was number spirit but methyl alcohol as would appear from the report of the Chemical Examiner brought on record.
In sofar as accused 9 is companycerned, he had filed SLP CO No.
These appeals were earlier heard by a bench of Kuldip Singh and late Yogeshwar Dayal, JJ and after hearing them at great length the bench felt that the case of enhancement exists and so rules of enhancement were ordered on 5.1.1994.
Nothing more than the above is required to hold that the liquor barons were out to earn profit at the companyt of human lives.
For the offence under section 328, rigorous imprisonment for six years and a fine of Rs.
10,000/ and for the offence under Section 272 rigorous imprisonment for six months and a fine of Rs.
1,000/ were awarded, with the rider that the substantive terms of imprisonment would run companycurrently.
In the trial which proceeded thereafter the prosecution examined 324 witnesses and proved 433 documents.
The joyous day of Onam 1st September, 1982 thus became a day of disaster to hundreds of families.
1190/90 which was dismissed on August 28,1991.
Various sentences were awarded for those offences.
Many ladies have become widows and many children orphans.
these vouchers companytain the name of SP.
