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at 10:15 PM. The self-statement of the informant reveals that on 16.08.2016 at 11:00 PM he along with other police officials had proceeded from the police station in a government vehicle for special raid in the night. On 17.08.2016 at 00:10 AM he received a confidential information that some Patna High Court D. REF. No.5 of 2021 dt.13-07-2022 persons are rushing to the Sadar Hospital, Gopalganj with complain of recurrent bouts of vomiting and are being treated in critical condition and probably some of them have died and some others have been referred to other places for better treatment. He informed his superior officers and reached the Sadar Hospital, Gopalganj. He found one Bandhu Ram being treated for recurrent bouts of vomiting, abdominal pain and suffocation in the hospital. On inquiry, Bandhu Ram revealed that Chathu Pasi, Kanhaiya Pasi, Laljhari Devi, Nagina Pasi, wife of late Binda Pasi, Lal Babu Pasi, Rajesh Pasi, Sanoj Pasi, Rita Devi wife of late Nandji Pasi, Grahan Pasi, Indu Devi wife of late Shiv Narayan Pasi, Sanjay Choudhary, Ranjay Choudhary and Munna Choudhary, all residents of village Khajurbani, Ward No. 25, P.S. Gopalganj are indulged in illicit trade of liquor. They mix Mahua, Mitha and Naushadar for preparing illicit liquor at their house, Dalan and other places and sale it. He stated that his health as well as health of some other persons started deteriorating after consuming spurious liquor. He disclosed that some of them have been referred to other places for better treatment. In order to verify the aforesaid disclosure made by Bandhu Ram, he and other police officials left for the village- Khajurbani at 02:00 AM. At about 02:20 Patna High Court D. REF. No.5 of 2021 dt.13-07-2022 AM, he raided the house of Chhathu Pasi, which allegedly led to recovery of 30-litre illicit country made liquor mixed with Mahua, Mitha and Naushadar kept in two gallons from the south of the courtyard of his house, 8 bottles each containing 180 ml with label 'for sale in U.P. only' in the brand name of '8PM' from a room adjacent to the courtyard. In further search, 75-litre country made liquor made of Mahua, Mitha and Naushadar kept in five jars of 15-litre each beneath the earth from the Dalan of Chhathu Pasi and 30-litre spurious liquor made of Mahua, Mitha and Naushadar from an open space adjacent to the house of Chhathu Pasi was recovered whereafter Chhathu Pasi was detained and interrogated. He confessed that he is indulged in the trade of illicit liquor. The alleged search and seizure were made in presence of two independent witnesses, namely, Paltu Kumar and Swaminath Sah. Accordingly, search and seizure list were prepared and Chhathu Pasi was taken into custody.

17. Exhibit -5/1 Charge-sheet no.590 of 2016 of Gopalganj Town P.S. Case No.348 of 2016 dated 18.08.2016

18. Exhibit -6 FIR of Gopalganj Town P.S. Case No.348 of 2016 dated 18.08.2016

20. Mr. B.P. Alok (P.W.1), the informant of the case stated in his examination-in-chief that on 16.08.2016 he was posted as S.H.O. of Gopalganj Town Police Station. On that date, he along with other police officials proceeded for raid in the night at about 00:10 AM. He received information that some people had fallen critically ill after consumption of illicit liquor and were being treated at the Sadar Hospital, Gopalganj and some of them had also died. At that time, S.I. Amit Kumar Singh (P.W.5), Shailendra Kumar Singh (P.W.6), Rakesh Kumar Singh (P.W.2), Sudhir Kumar (not examined) and others were accompanying him. He went to the Sadar Hospital, Gopalganj along with them. At the Sadar Hospital, he found Bandhu Ram (not examined) and others being treated. Bandhu Ram told him that today itself he had taken liquor at the house of Kanhaiya Pasi as a result of which his health deteriorated and he came to the hospital. He further disclosed him that besides him several Patna High Court D. REF. No.5 of 2021 dt.13-07-2022 others had fallen ill after consumption of spurious liquor being sold by Chhathu Pasi, wife of Binda Pasi, Laljhari Devi, Grahan Pasi, Nagina Pasi and others at their respective houses. On such information, he along with other police personnel went to the village Khajurbani after informing the superior police officers. He raided the house of accused persons and recovered huge quantity of liquor from their respective houses. He stated that liquor was hidden beneath the earth and Thuja medicine was recovered from the house of Nagina Pasi. Some bottles of foreign liquor were also recovered. Separate seizure lists were prepared for the seizures made from different houses in presence of two independent witnesses, namely, Paltu Kumar and Swaminath Sah. He proved the writings made on the seizure lists and his own signature. The seizure lists were marked as Exhibits-1, 1/A, 1/B, 1/C, 1/D, 1/E, 1/F, 1/G and 1/H. He stated that at the time of initial raid, six persons were apprehended. He recorded his self-statement at the place of occurrence itself. He proved his writing on the self-statement, which was marked as Exhibit-2. He proved his writing and signature on the formal FIR, which was marked as Exhibit- 2/A. He also proved his signature and endorsement made on the formal FIR, which was marked as Exhibit-2/B. He stated that pagination was also done Patna High Court D. REF. No.5 of 2021 dt.13-07-2022 by him on Exhibit-2. According to him, several persons had died in the Sadar Hospital due to the consumption of spurious alcohol by them for which a separate case was registered.

28. Amit Kumar Singh (P.W.5), a Sub-Inspector of Police and a member of the raiding party, stated in his deposition that on 16.08.2016 he was posted at Gopalganj Town Police Station. On 17.08.2016 at about 01:00 AM he had gone to the Sadar Hospital, Gopalganj along with the S.H.O. B.P. Alok where 3-4 persons, who had taken illicit liquor were found vomiting and were being treated there. Their vision was impaired. There was one Bandhu Ram, who was in a condition to speak. In his presence, on inquiry by the S.H.O., Bandhu Ram disclosed that he along with others had taken liquor at Khajurbani village in the house of Nagina Pasi, Chhathu Pasi, Grahan Pasi, wife of late Binda Pasi, Rajesh Pasi and Sanoj Pasi whereafter they had fallen ill. He further disclosed that some people have also died after consumption of illicit liquor and their dead bodies were concealed by their family members. After receipt of such information, the raiding team reached at the village Khajurbani at about 02:00 AM on 17.08.2016. First of all, search was made in the house of Chhathu Pasi. Though one person tried to run away, he was chased and apprehended by the raiding team. He disclosed his name as Chhathu Pasi. In Patna High Court D. REF. No.5 of 2021 dt.13-07-2022 presence of two independent witnesses, search was made in his house in which 2 jars of 15-litre each containing solution of Mahua, Mitha and Nausadar and 8 bottles each containing 180 ml wine in the brand name '8PM' were recovered. Thereafter, searches were made in the houses of other accused persons and solution of Mahua, Mitha and Nausadar and huge quantity of Indian made foreign liquor were recovered. Some recoveries of illicit liquor were also made from outside the house of the accused persons. He further stated that from the Dalan of Nagina Pasi situated at the bank of the river 30 empty bottles of Thuja medicine were recovered. For the said recoveries, the S.H.O. prepared nine separate seizure lists and about 6-7 persons were caught at the place of occurrence, who were produced before the court and were remanded to the judicial custody in the instant case. He stated that due to consumption of illicit liquor sold by the accused persons, 19 persons had died for which a separate case vide Gopalganj Town P.S. Case No. 348 of 2016 was registered against them.

106. While saying so, this Court is mindful of the fact that the prosecution has led into evidence documentary evidences, such as the FIR and charge-sheet submitted by the police in Gopalganj Town P.S. Case No. 348 of 2016 by filing them with list of documents after all the witnesses on behalf of the prosecution were examined. They have been marked as Exhibits by the Trial Court without any objection. The prosecution has not led any oral evidence with respect to the police case numbered as Gopalganj Town P.S. Case No. 348 of 2016. Thus, the FIR and the charge-sheet of that case would at best suggest that another case bearing Gopalganj Town P.S. Case No. 348 of 2016 was registered by the police and pursuant to the investigation of that case the police found sufficient material to submit charge-sheet against the accused persons in that case. Beyond that, those documents do not substantiate anything against the accused-appellants in respect of the charges levelled in the present case.