Supreme Court - Daily Orders
Ajith Kumar vs State Of Kerala on 28 January, 2016
Bench: Pinaki Chandra Ghose, Amitava Roy
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No(s). 1180/2010
AJITH KUMAR Appellant(s)
VERSUS
STATE OF KERALA Respondent(s)
O R D E R
We have heard Mr. Mustaq Salim, learned counsel appearing for the appellant – accused and Mr. M.T. George, learned counsel appearing for the State of Kerala at length today.
The facts of the case briefly are as follows:-
Five persons were prosecuted for the offences punishable under Sections 57 (A)(2), 58 (A), 55 (a), (b) and (i) of the Abkari Act and under Sections 302, 307, 325 and 201 read with Section 34 of the Indian Penal Code. After trial, the accused were found guilty of the offences punishable under Sections 304 Part II, 325, 201 read with Section 34 of the Indian Penal Code and also under Sections 55 (a), (b) and (i), 57 (A) (ii) and 58 A of the Abkari Act and Section 6 of the Poisons Act. Accordingly, order was passed by the Sessions Court by which he convicted the appellant herein.
Appeal was filed before the High Court, which after considering the evidence of the case and further in the light of Chemical Analysis Report and the opinion of the Doctors found that death was caused due to presence of methyl as well as ethyl alcohol. Further, the High Court after analyzing the evidence of PWs 1 to 11, came to the conclusion that they all had consumed spurious drink from the Vaidyasala run by the appellant and some of them became partially blind while some wholly blind and further two persons namely, Lawrence and Kunjumon had died. The High Court has also taken note of the evidence of Drugs Controller, Kollam, Signature Not Verified Digitally signed by who was examined as PW 22 in the matter and agreeing with the Vinod Kumar Date: 2016.02.05 16:19:42 IST Reason: findings as held by the Sessions Court came to the conclusion that the appellant herein would come within the purview of the above Sections of the Abkari Act and confirmed the conviction and -2- sentence passed against the appellant for the offences punishable under Sections 304 Part II of Indian Penal Code and Sections 57A(2) and 58 A of the Abkari Act.
After hearing the learned counsel appearing for the parties, we do not find any reason or material to interfere with the order passed by the High Court. While arriving at this conclusion, we have duly taken note as well of the ingredients of the relevant provisions of Abkari Act, in particular Sections 57 A (2), 58 A, 55 (a) (b) and (i) and also those of the Indian Penal Code under which the appellant had been charged.
In view of that, we find no merit in the appeal filed by the appellant - accused.
Accordingly, the Criminal Appeal stands dismissed.
......................J (PINAKI CHANDRA GHOSE) ......................J (AMITAVA ROY) NEW DELHI;
28TH JANUARY, 2016.
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ITEM NO.105 COURT NO.11 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1180/2010
AJITH KUMAR Appellant(s)
VERSUS
STATE OF KERALA Respondent(s)
(With office report)
Date: 28/01/2016 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. Mustaq Salim, Adv.
Ms. Mukti Chowdhary,Adv.
For Respondent(s) Mr. M.T. George, Adv.
Ms. Prerana Chaturvedi, Adv.
Ms. Bina Madhavan,Adv.
UPON hearing the counsel the Court made the following O R D E R The Criminal Appeal stands dismissed in terms of the signed order.
(VISHAL ANAND) (SNEH LATA SHARMA)
COURT MASTER COURT MASTER
(Signed Order is placed on the file)