Summary
The Court reversed the acquittal of two liquor-vend licensees in the Kalanwali hooch tragedy. Eyewitness and medical evidence, recoveries and destruction of remaining stock established their individual culpability despite investigative lapses. Compensation already disbursed to victims and families was left undisturbed.
Issues
- Whether evidence linked the respondents to the lethal spurious liquor and established individual criminal liability.
- Whether the compensation direction required interference after disbursement.
Provisions considered
- Section 300, fourthly; Sections 302, 328 and 120B, Indian Penal Code, 1860Knowledge of the poisonous liquor and its disastrous consequences supported individual culpability even assuming conspiracy was not proved. (¶ 16–24)
- Section 7, Indian Evidence Act, 1872Contemporaneous statements identifying the source of liquor were relevant alongside the other evidence. (¶ 16)
Held
- The High Court overlooked direct testimony identifying the respondents’ vend as the source, consistent medical evidence and recoveries. Failure to investigate with adequate vigour did not erase the substantial evidence proving culpability. (¶ 14–23)
- Attempts to destroy remaining stock supported knowledge of methyl contamination and its dangerous consequences. Adequate evidence of individual culpability sustained the result even on the assumption that conspiracy was unproved. (¶ 17–24)
- Compensation had already been disbursed and the recipients were not parties. The Court therefore declined interference with that direction, without undertaking recovery from them. (¶ 5–6)
Result
Appeal partly allowed; acquittal set aside and trial court conviction restored. Respondents to surrender to undergo the trial court’s sentences. Victim-compensation directions left undisturbed.