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HANSARIA, J.:

1. Hooch tragedies have been taking heavy toll of human lives throughout the length and breadth of the country.

This has been so for a sufficiently long period by now, and it could be well said that practically every year the liquor barons, in some part or the other of this vast country Bihar is a recent example earn easy money by ruining many houses and making many person destitutes. Many ladies have become widows and many children orphans.

2. 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 consumed liquor from the shops and sub-shops which were catered by the firm named "Bee Vee Liquors" and 24 lost eye sights permanently, not to speak of many others who became prey of lesser injuries. The joyous day of Onam (1st September, 1982) thus became a day of disaster to hundreds of families. 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. At one stage, the Sessions Judge at Emakulam discharged the 4th accused and framed charges against others excluding one un- der section 302. This was challenged before the Kerla High Court who confirmed the discharge of the 4th accused but di- rected the Session Judge to framed charge under section 302 also. In the trial which proceeded thereafter the prosecution examined 324 witnesses and proved 433 documents. At the close of the trial, the Sessions Judge acquitted accused 5 to 8 and 10 of all the charges. They were also acquitted of the offences under section 302 of the Penal Code as well as under the Abkari Act, but were convicted under sections 120-B and 328 as well as section 107, 109 and 272 read with section 34 of the Penal Code. Various sentences were awarded for those offences.

16. Nothing more than the above is required to hold that the liquor barons were out to earn profit at the cost of human lives. the magnitude of the profit aimed at fully satisfies us that there was meeting of mind in so far as the persons in the management of the firm are concerned to undertake the highly illegal act. As, however, the High Court has gone into the question of conspiracy and has relied on evidence of aforesaid PWs to conclude that there was a conspiracy between the aforesaid persons, let the contention of Shri Sanyal noted above be dealt with now.

46. Let it now be seen whether the sentences on the appellants merit to be enhanced. On this aspect, according to us. there cannot be two opinions, as the appellants by their nefarious activity, prompted only by lust for money, sold such a brew which contained even a poisonous substance. And see the enormity of consequence-, 70 deaths and 24 losing, their eye sights permanently. What can be more shocking to the conscience? If greed for money makes people so unconscionable, so unconcerned with human happiness and make them behave like devils and to destroy human lives, they have to be dealt with appropriately, sternly and with a steel heart not yielding to any plea of softness on any ground, not relenting to discharge the onerous duty which falls on a court in such cases. The need to rise to the occasion becomes great and imperative when it is noted that liquor barons have long been playing with destinies of many with impunity for one reason or the other, which has encouraged them to indulge in such an activity without fear of law haunting them. 'Ibis is abundantly clear from deaths due to consumption of spurious liquor in different parts of the country. This has become almost a regular feature and hooch tragedy has been taking heavy toll of human lives almost every year in one pan or the other of this vast country. To mention about such recent tragedies, was (Gujarat which saw this disaster in 1991 in a big way; it fell on Cuttack in 1992 to see loss of more than 100 lives; and very recently this tragic drama was enacted in Patna, where too about 100 persons became victim.