PATNA HIGH COURT ACQUITTED ALL THE 14 PERSONS CONVICTED AND SENTENCED BY THE ADJ I, ARA CIVIL COURT

PATNA HIGH COURT ACQUITTED ALL THE 14 PERSONS CONVICTED AND SENTENCED BY THE ADJ I, ARA CIVIL COURT

8-OCT-ENG 5

RAJIV NAYAN AGRAWAL

ARA---------------------------A double bench comprising Justice Ashutosh Kumar and Justice Vipurl M. Pancholi, Patna High Court acquitted all the 14 persons convicted in the liquor tragedy occurred in the month of December in the year 2012. The court acquitted Sanjay Pratap Singh son of late Jayshankar Singh of Alipur under Nawada police station, Sanjay Bahdur son of Late Ram Ayodhya Singh of Anaith under Nawada police station, Bhaskar Sinha son of late Nakul Kumar Sinha of Tari Mohalla under Ara town police station, Rakesh Choudhary alias Bhandhi Choudhary son of Rabinder Choudhary of Anaith Kurmi Tola under Nawada police station, Pappu Chaudhary son of Vishwanath Chaudhary of Anaith under Nawada police station, Upendra Kumar son of Kamta Singh alias Kamta Prasad of Baraura under Agaiw police station, Upendra Kumar son of Sharikhan Ray of Mathawalia under Ara Muffassil police station, Ashok Rai alias Ashok Kumar Rai son of late Raja Ram Rai of Anand Nagar under Ara town police station, Rakesh Singh alias Prakash Kumar Singh son of late Shivnath singh of New Colony Anaith Mathiya under Nawada police station, Sanoj Yadav son of Rajeshwar Rai of Anaith under Nawada police station, Manoj Surhi son of late Govind Prasad of Baghi Pakari under Ara Muffassil police station, Manoj Kumar Yadav son of late Sohan Yadav of Jhoparpatti, Chhoti Line under Nawada police station, Saroj Yadav sonof late Hira Lal Prasad of Jhoparpatti, Chhoti Line under Nawada police station, Mantu Singh son of late Suraj Singh of Kawara under Jagdishpur police station in Bhojpur district.

All the 14 convicted persons had appealed in the Patna High Court against the verdict of the ADJ I, Ara Civil Court separately but the court heard all the cases together for disposal. The ADJ I, Ara Civil Court had sentenced all the 14 persons except Bhaskar Sinha to undergo imprisonment for life and to pay a fine of Rs. 25,000 each for the offences under section 304(part-II)/34 of the IPC read  with section 3(2)(v) of the SC/ST(POA) Act; six months RI and a fine of Rs.500 each for the offences under sections 272 and 273 of the IPC; RI for five years and a fine of Rs. 5000 each for the offence under section 328 of the IPC and two years RI and a fine of Rs. 2000 each for the offence under section 47(a) of the Excise Act. Bhaskar Sinjha has been held guilty under section 47(a) of the Excise Act and has been awarded RI for two years with a fine of Rs. 2000 and in default of payment of fine, he has further been directed to suffer RI for six months. The sentences against all the appellants have been directed to run concurrently.

At least 21 persons had lost their lives to spurious liquor and all the appellants were alleged to have sold the spurious liquor to the unsuspecting consumers who had died because of excess of methyl and ethyl alcohol in their bodies and too in a short span of time within a day.

The local police officers instituted a case arraigning many persons as accused most of whom were either the erstwhile licensees or local dealers whose names were taken by the relatives of the deceased.

The Patna High Court observed that a peculiar shortcut approach was adopted by the police and somehow or the other disquietingly the Trial Court also fell in error in convicting and sentencing the appellants on practically no  evidence at all. The advocates stated that the conviction rests solely on presumption of the appellants having sold spurious liquor to the deceased. The court showed sympathy for the deceased persons but observed that the manner he case was investigated and the Trial has been conducted is disconcerting. The Trial Court completely foreclosed the discussion with regard to the innocence of the appellants. The names of the appellants were only taken by the witnesses and on the information derived by the police officers about their selling liquor to unsuspecting consumers. Even the trial is erroneously jumped to the conclusion that they were provided the intoxicant which was noxious and adulterated that killed them and thus attracted the mischief of the provisions of the SC/ST (POA) Act.

The appellants said that they were forced to sign the statement recorded under section 164 CrPC in the Trial Court. The court said that all the information of the police officials was based on hearsay.

The High Court said that they failed to understand the logic behind the conclusion of the Trial Court which verdict depends on evidence that the appellant had talked on mobile and they had liquor shops. The investigating team did sent liquor to the FSL for examination and thus the conclusion of the Trial Court is based on no material whatsoever.

The Patna High Court observed that there is no direct evidence against any of the appellants who had been hounded by the investigating agency for the reason of either their being erstwhile dealers of local liquor under license or of having sold under the garb of expired licenses. The court further said that there is a knee-jerk reaction of the local police and superior police administration to find out the cause of 21 deaths and in the process the persons whose names were taken by the relatives of the deceased as suppliers, became the sitting duck. The court said that they failed to understand as how on such evidence the appellants could be convicted under any one of the sections of the IPC and it cannot be the sole reason to convict under SC/ST Act.

After hearing the double bench of the Patna High Court set aside of the judgment of conviction and order of sentence dated July 24, 2018 and July 28, 2018 passed by the ADJ I, Ara Civil Court and acquitted the appellants of the charges leveled against them. All the appellants are on bail and their liabilities under the bail-bonds are cancelled.