Hooch tragedy: Haryana files appeal in SC against acquittal

New Delhi, Aug 1 (UNI) Haryana government has filed an appeal in the Supreme Court against full bench judgment of Punjab and Haryana high court allowing the appeals of two convicts sentenced to life imprisonment by the trial court for selling country made spurious liquor containing poisonous substance after consuming which 44 died and 68 became blind.

The tragedy occurred on Dec. 1,1980 in Sirsa district of Haryana and two FIRs were registered against 47 persons under sections 302/120-B IPC read with section 61(1)(a) of the Punjab Excise Act 1914. Twenty eight accused were sent up for trial in FIR registered at P.S. Kalanwali while 19 others were sent up for trial in FIRregistered at P.S. Baragudha.

The full bench of the high court vide its impugned judgment dated May 9,2006 also directed the state of Haryana to pay Rs. 2 lakhs as compensation to the families of the deceased and Rs. 1.5 lakhs to those who became permanently blind after consuming the spurious liquor.

The two respondents namely Krishan and Som Nath, two owners of the liquor vend were acquitted by the high court on the grounds that there was not sufficient evidence to connect the two with the offence alleged against them namely that the spurious liquor was sold by the two respondents herein to the victims.

The state of Haryana in its appeal which is coming up for hearing on Aug. 7,2006 before the apex court had pleaded that the state was not liable to pay the compensation to the victims as all the accused in the case have been acquitted by the high court.

Both the cases were tagged together and combined trial was held in the case.

Chemical examiner confirmed that the liquor contained poisnous substance called 'Methanol'. As per the terms of the licence the liquor vends were supposed to sell the liquor obtained from the state government distilleries only.

In all 13 accused died during the trial. Sixteen people were acquitted by the trial court. some of them were declared absconders.

The state government has challenged the impugned judgment of the high court on the grounds that there was sufficient evidence against the respondents and the prosecution had examined as many 291 witnesses including 27 doctors who had deposed before the court that spurious liquor was sold by the accused persons. According to the state government the high court had also overlooked the recovery of 10 empty drums of spurious country liquor. The most pertinent objection raised by the state government is that high court can not direct the state government to pay compensation without hearing its officers of the excise department.Another ground for challenge of the impugned judgment is whther compensation can be ordered without holding an inquiry to ascertain who was responsible for the criminal negligence which led to the tragedy.

The date of hearing was fixed by the bench comprising Mr. Justice K.G. Balakrishnan and Mr. Justice D.K. Jain on July 30 when the matter was mentioned by senior counsel R. K. Jain before the bench for early hearing.

The other important question of law raised by the state is whether high court can exercise its inherent powers under section 482 CrPC to order payment of compensation.

UNI AKS/SC RP RS1859