Manoj Yadav @ Manoj Kumar Yadav vs The State Of Bihar
2023 Latest Caselaw 5131 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL APPEAL (DB) No.1041 of 2018
   Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur
======================================================

Sanjay Pratap Singh @ Sanjay Singh, S/o Late Jayshankar Singh, R/o Village and P.O.- Alipur, P.S.- Ara Muffasil, District- Bhojpur at Ara.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1014 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Sanjay Bahadur, S/o Late Ram Ayodhya Singh, R/o Vill. and P.O.- Anaith, P.S.- Ara Nawada, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1025 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Bhaskar Sinha @ Bhaskar Kumar Sinha, Son of Late Nakul Kumar Sinha, R/o Mohalla- Tari Muhalla, P.S.- Ara Town, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1045 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Rakesh Choudhary @ Bhandhi Choudhary @ Bhandi, S/o Rabinder Choudhary, R/o Village- Anaith Kurmi Tola, P.S.- Ara Nawada, District- Bhojpur at Ara.

Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1052 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Pappu Chaudhary, S/o Late Vishwanath Choudhary, R/o Vill.- Anaith, Post Office- Anaith, P.S.- Ara Nawada, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1064 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Upendra Kumar, son of Kamta Singh @ Kamta Prasad, resident of Village- Baraura Tola, P.S.- Agiaon Bazar, District- Bhojpur. At present resident Anaith Dhobighat, Ara, P.S.- Ara Nawadah, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1093 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Upendra Kumar, son of Sarikhan Ray, resident of Village- Mathwalia, P.O.- Daulat Kumar, Police Station- Ara Mufassil, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

====================================================== with CRIMINAL APPEAL (DB) No. 1109 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Ashok Rai @ Ashok Kumar Rai, Late Raja Ram Rai, Resident of Mohalla- Anand Nagar, Motijhill, P.S.- Ara Town, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1127 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Rakesh Singh @ Prakash Kumar Singh, S/o Late Shivnath Singh, R/o New Colony, Anaith Mathiya, Ara, P.S.- Ara Nawada, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1141 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Sanoj Yadav, son of Sri Rajeshwar Rai, resident of Village- Anaith, Police Station- Ara Nawada, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1144 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

Manoj Surhi, S/o Late Govind Prasad, R/ Village- Baghi Pakar, P.S.- Ara Muffasil, District- Bhojpur, presently reside at Mirganj, Cold Storage Gali, P.S.- Ara Town, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1163 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Manoj Yadav @ Manoj Kumar Yadav, Son of Late Sohan Yadav, Resident of Village- Jhoparpatti, Chhoti Line, P.S.- Ara Nawada, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1168 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Saroj Prasad, Son of Late Hira Lal Prasad, Resident of Village- Ara Chhoti Line, Jhopara Pati, P.S.- Ara-Nawada, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (DB) No. 1200 of 2018 Arising Out of PS. Case No.-353 Year-2012 Thana- ARA NAWADA District- Bhojpur ====================================================== Mantu Singh, Son of Late Suraj Singh, Resident of Village- Kawra, P.S. Jagdishpur, District- Bhojpur.

... ... Appellant/s Versus The State of Bihar Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

... ... Respondent/s ====================================================== Appearance :

(In CRIMINAL APPEAL (DB) No. 1041 of 2018) For the Appellant/s : Mr. Prabhakar Singh, Adv. (Amicus) Mr. Prabhat Ranjan, Adv.

Mr. Chandan Kumar, Adv.

For the Respondent/s : Ms. Shashi Bala Verma, SPP (In CRIMINAL APPEAL (DB) No. 1014 of 2018) For the Appellant/s : Mr. Sada Nand Roy, Adv.

Mr. Navin Kumar, Adv.

For the Respondent/s : Mr. Sadanand Paswan, SPP (In CRIMINAL APPEAL (DB) No. 1025 of 2018) For the Appellant/s : Mr. Baxi S.R.P. Sinha, Sr. Adv.

Mr. Brajesh Prasad Gupta, Adv.

For the Respondent/s : Ms. Usha Kumari No-1, SPP (In CRIMINAL APPEAL (DB) No. 1045 of 2018) For the Appellant/s : Mr. Prabhakar Singh, Adv. For the Respondent/s : Mr. Usha Kumari No-1, SPP (In CRIMINAL APPEAL (DB) No. 1052 of 2018) For the Appellant/s : Mr. Baxi S.R.P. Sinha, Sr. Adv.

Mr. Brajesh Prasad Gupta, Adv.

For the Respondent/s : Mr. Binay Krishna, SPP (In CRIMINAL APPEAL (DB) No. 1064 of 2018) For the Appellant/s : Mr. Baxi S.R.P. Sinha, Sr. Adv.

Mr. Brajesh Prasad Gupta, Adv.

For the Respondent/s : Mr. Binay Krishna, SPP (In CRIMINAL APPEAL (DB) No. 1093 of 2018) For the Appellant/s : Mr. Baxi S.R.P. Sinha, Sr. Adv.

Mr. Brajesh Prasad Gupta, Adv.

For the Respondent/s : Mr. Sadanand Paswan, SPP (In CRIMINAL APPEAL (DB) No. 1109 of 2018) For the Appellant/s : Mr. Ravindra Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, SPP (In CRIMINAL APPEAL (DB) No. 1127 of 2018) For the Appellant/s : Mr. Ajay Kumar Thakur, Adv.

Mr. Ritwik Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

For the Respondent/s : Mr. Sadanand Paswan, SPP (In CRIMINAL APPEAL (DB) No. 1141 of 2018) For the Appellant/s : Mr. Sunil Kumar, Adv.

Mr. Bimal Kumar, Adv.

For the Respondent/s : Mr. Sadanand Paswan, SPP (In CRIMINAL APPEAL (DB) No. 1144 of 2018) For the Appellant/s : Mr. Ravindra Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, SPP (In CRIMINAL APPEAL (DB) No. 1163 of 2018) For the Appellant/s : Mr. Surj Bansh Roy, Adv. Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

For the Respondent/s : Mr. Sadanand Paswan, SPP (In CRIMINAL APPEAL (DB) No. 1168 of 2018) For the Appellant/s : Mr. Surj Bansh Roy, Adv. For the Respondent/s : Mr. Sadanand Paswan, SPP (In CRIMINAL APPEAL (DB) No. 1200 of 2018) For the Appellant/s : Mr. Shiva Shankar Prasad Singh, Adv.

Mr. Pushpendra Priyedarshi, Adv.

For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 07-10-2023

All these fourteen appeals have been heard

together and are being disposed off by this common

judgment.

2. Heard the learned counsel for the parties

appearing in the respective appeals.

3. All the appellants except appellant/Bhaskar

Sinha @ Bhaskar Kumar Sinha [Cr. Appeal (DB) No.

1025 of 2018] have been convicted for the offences

under Sections 272, 273, 328 and 304 (Part-II)/34 of

the Indian Penal Code (in short the I.P.C.), Section 3(2)

(v) of the Scheduled Castes & Scheduled Tribes

(Prevention of Atrocities) Act, 1989 [in short the SC/ST Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

(POA) Act] and Section 47(a) of the Bihar and Orissa

Excise Act, 1915 (in short the Excise Act) vide judgment

dated 24.07.2018 and by order dated 28.07.2018, they

have been sentenced 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 I.P.C. read with

Section 3(2)(v) of the SC/ST (POA) Act; six months R.I.

and a fine of Rs. 500/- each for the offences under

Sections 272 and 273 of the I.P.C.; R.I. for five years

and a fine of Rs. 5,000/- each for the offence under

Section 328 of the I.P.C. and two years R.I. and a fine

of Rs. 2,000/- each for the offence under Section 47(a)

of the Excise Act.

4. The appellant/Bhaskar Sinha @ Bhaskar

Kumar Sinha, referred to above, has been held guilty

under Section 47(a) of the Excise Act and has been

awarded R.I. for two years with a fine of Rs. 2,000/-

and in default of payment of fine, he has further been

directed to suffer S.I. for six months. Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

5. The sentences against all the appellants

have been directed to run concurrently.

6. Twenty one (21) persons lost their lives to

spurious liquor which they had consumed.

7. All the appellants are alleged to have sold

the spurious liquor to the unsuspecting consumers, all of

whom died because of excess of methyl and ethyl

alcohol in their bodies. One of the witnesses has alleged

to have been blinded as an effect of consumption of

spurious liquor.

8. A tragic incident indeed!

9. All of unsuspecting consumers died in a

shot span of time within a day.

10. Initially, the local police officer suspected

that the deceased were afflicted with some mysterious

disease which has not been diagnosed. However, with

the recovery of few pouches of locally brewed liquor

around the dead-bodies of the deceased and few bottles

of liquor recovered from behind the houses in Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

constructive possession of some of the appellants, it was

found out that the spurious liquor was the culprit.

11. All the twenty one dead-bodies were

subjected to post-mortem examination and the viscera

was also sent to Forensic Laboratory for further

confirmation about death because of spurious liquor,

which proved positive.

12. Hence, a case was instituted arraigning

many persons as accused, most of whom are either the

erstwhile licensees to sell liquor or local dealers, whose

names were taken by the relatives of the deceased.

13. 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.

14. The learned Advocates, who have

appeared for the appellants have in unison stated that

the conviction rests solely on presumption of the

appellants having sold spurious liquor to the deceased Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

persons. There is no evidence of any sale of liquor by

the appellants nor the liquor, which is said to have been

recovered from the possession of some of the

appellants, were sent for any forensic examination.

15. It is quite unfortunate, it has been

argued, that twenty one persons have lost their lives,

which number could be more, but equally disconcerting

is the manner in which the case has been investigated

and the Trial has been conducted. The Trial Court

appears to have completely foreclosed the discussion

with regard to the innocence of the appellants. The

names of the appellants have only been taken by some

of the witnesses and on the information derived by the

police officers about their selling liquor to unsuspecting

consumers. This, it has been argued, is no material or

evidence in the eyes of law to convict the appellants,

particularly under Section 304 (Part-II) I.P.C. read with

Section 3(2)(v) of the SC/ST (POA) Act.

16. It has further been argued that since Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

most of the deceased persons hailed from the scheduled

castes/tribes community, the Trial Court has very

erroneously jumped to the conclusion that they were

provided the intoxicant which was noxious and

adulterated which killed them, thereby attracting the

mischief of the provisions of the SC/ST (POA) Act.

17. This logic, the learned Advocates have

argued, defies a proper appreciation of law and facts.

18. To succinctly but tersely put forth the

prosecution case, we deem it appropriate to refer to the

F.I.R. of Ara Nawada P.S. Case No. 353 of 2012, dated

07.12.2012, registered for the offences under Sections

409, 420, 120(B), 272, 273, 304 and 325 of the I.P.C.

and Section 47(a) of the Excise Act. Section 3(2)(v) of

the SC/ST (POA) Act was added vide order dated

10.07.2013.

19. The self-recorded statement of Sub-

Inspector/Shiv Narayan Ram (P.W. 59), which is the

basis of the F.I.R., is as follows :-

Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

On 07.12.2012 at about 7 O'clock in

the morning, he had received information that

approximately three to four persons have died because

of some mysterious disease in a locality inhabited by

people of scheduled castes/tribes community. The

information was entered in the Station Diary and the

same was transmitted to the superior police officers.

Thereafter, a team of police officers along with P.W. 59

reached the locality, where a huge crowd had

congregated. On inquiry, it was found that Jitendra

Ram, Dhanjee Sah, Harendra Mushar, Chandav Mushar,

Manjhari Devi and Kunti Devi had died of vomiting and

pain in their bodies. Further information was received

by P.W. 59 that more persons have died after vomiting.

The soil where deceased/Jitendra Ram had vomited was

seized. Behind the house of the deceased/Chandav

Mushar, five empty liquor bottles of 200 mls. each were

found. At other places also, the relatives of the

deceased informed the police party that the death had Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

taken place after vomiting. Few of deceased were

beggars. The police party got split up and visited

several places from where news had been pouring about

mysterious deaths. Everywhere, the police party learnt

from the villagers that the death was because of

consumption of liquor which was sold in shops/distillery

of appellants/Sanjay Singh and Rakesh Singh. The

aforesaid place was located next to Bihari Mill. The

police party also learnt that some unknown persons had

purchased liquor from the shops and had sold it to

unsuspecting consumers in a clandestine manner. Last

night also, the police party was informed, a consignment

of liquor was made available to the persons who died

after consuming it. On such information, P.W. 59 along

with the Excise Inspector and superior police officers

went to the place where the liquor was stated to be

brewed. The place was found closed. Appellants/Sanjay

Singh and Rakesh Singh were found missing. During the

course of raid, one Pappu Chaudhary also had been Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

named by the villagers from whose house, one hundered

fifty pouches, each of 200 mls. liquor, were recovered,

which was seized and he was arrested. The

appellant/Manoj Yadav also was arrested. Behind his

house, ten pouches of liquor were found concealed. The

house of appellant/Mohan Sah was also raided from

where forty five pouches of 200 mls. each liquor were

recovered. All the arrested persons were brought to the

police station.

20. The F.I.R. was registered against five of

the accused persons initially, namely, appellants/Pappu

Chaudhary, Manoj Yadav, Rakesh Kumar and Sanjay

Singh and one Mohan Sah (the appeal of Mohan Sah has

abated as he died during the pendency of the appeal).

21. It further appears from the records that

during the course of investigation, it was learnt that

approximately twenty one persons had died, whose

names are not required to be listed here. This invited

the gaze of the police towards a number of accused Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

persons involved in sale of spurious liquor not made

accused in the subject FIR. The investigations revealed

that ten more persons were involved in the crime.

22. After investigation, charge-sheet was

submitted on 04.02.2013 against fifteen accused

persons, out of whom fourteen are the appellants before

this Court. Against all the appellants, charges were

framed under Sections 272, 273, 304, 328, 420, 201,

120(B)/34 of the I.P.C.; Section 47(a) of the Excise Act

and Section 3(2)(v) of the SC/ST (POA) Act.

Appellant/Bhaskar Sinha @ Bhaskar Kumar Sinha was

charged only under Section 47(a) of the Excise Act.

23. The Trial Court has examined sixty nine

(69) witnesses on behalf of the prosecution for

convicting and sentencing the appellants as aforesaid.

24. Out of the total of sixty nine prosecution

witnesses, P.Ws. 5, 6, 8, 10, 11 to 17, 19, 21 to 35, 39

and 40 were declared hostile.

25. P.Ws. 18, 20, 36, 37, 38, 41 and 42 Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

have disclosed nothing before the Trial Court to take

their evidence into any account.

26. P.Ws. 44 and 45 are the Judicial Officers,

who had recorded the statements of the witnesses under

Section 164 Cr.P.C. and they have proved the same

before the Trial Court.

27. Be it noted that most of the persons,

whose statements were recorded under Section 164

Cr.P.C., have said before the Trial Court that they were

forcibly made to sign on the document and had been

brought to the Court without their volition for making

their statements.

28. P.Ws. 51 to 58 are the Doctors, who

conducted the post-mortem examination on the dead-

bodies of the deceased persons. P.W. 59, as has been

noted above, is the informant of this case, whereas

P.Ws. 60 and 61 are the Investigating Officers.

29. One of the surviving victims, namely,

Majetar Ram @ Majetar Paswan (P.W. 62) has stated Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

before the Trial Court that two of his associates, namely,

Biraj and Dhanjee had informed him that liquor is being

sold in the Homeopathic shop for Rs. 50/- He gave

rupees fifty to them to get the liquor. All the three

consumed it, whereafter Biraj and Dhanjee died and he

become unconscious.

30. It would be relevant to refer to his (P.W.

62) deposition at this place only. Before the Trial Court,

he stated that the occurrence took place about five years

ago. The liquor normally used to be sold near Bihari

Mill, but the shop had been closed for about three to

four days. Biraj and Dhanjee, referred to above, had

informed him about the place where the liquor was being

sold. The liquor was obtained by his friends, who died

after consuming it. He himself suffered blindness after

consuming it. He has made a specific statement before

the Trial Court that he was informed that the liquor was

being sold in a Homeopathic shop located at Bijli More.

He consumed liquor everyday. Nowhere has he but Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

stated that the appellants either sold liquor from their

respective shops or made it available to the desirous

consumers.

31. It would also be relevant to refer to the

deposition of one Vinod Kumar Jha (P.W. 63), who at

the relevant time was posted as Assistant Commissioner,

Excise and had visited the place of occurrences along

with the police team which was constituted by the

Collector. He has stated before the Trial Court that

during the raid, it was learnt that spurious liquor was

distributed from a house which was reported to be of

Sanjay Bahadur (one of the appellants). He has testified

to the fact that appellant/Pappu Chaudhary and others

were arrested, whose names had surfaced with the

allegation of storage and sale of spurious liquor.

However, he could not give any definite opinion about

the fact whether licences were given to the appellants.

He has also stated that he supported the police team in

the investigation.

Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

32. Parth Banarjee and Neeraj Kumar

Varsane, the two senior Scientists of F.S.L., who have

been examined as P.Ws. 64 and 65 respectively, have

testified to the fact that in the viscera of the deceased,

methyl and ethyl alcohol were found.

33. The learned Advocates for the appellants

have urged that the evidence of P.Ws. 64 and 65 would

only suggest that the deceased died of consuming liquor

containing excess of ethyl and methyl alcohol and

nothing beyond.

34. It would also be relevant to refer to the

deposition of Kharoon Khatun (P.W. 66) and Chana Muni

Devi (P.W. 67), who are hearsay witnesses. They have

stated that their late husbands had purchased liquor

from appellant/Pappu Chaudhary and one Mohan Sah.

35. Nilesh Kumar, S.P., Cyber Crime, Patna

(P.W. 68) has stated before the Trial Court that he was

provided with the CDRs. of five suspect telephone

numbers and was asked to analyze the same. He Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

prepared the graphics and also furnished the certificate

regarding his having prepared such graphics, which was

handed-over to the I.O. of the case. He has also signed

the certificate as required under Section 65-B of the

Indian Evidence Act, 1872. The CDRs. of the telephone

numbers belonging to the appellants merely reflected

that some of them had talked amongst themselves at

some point of time. The appellants hail from the same

area and, thus the telephonic conversation between

them would not indicate anything except that they are

known to each other.

36. Raj Kumar (P.W. 69), at the relevant

time, was the Sub-Inspector, Economic Offence Unit,

Bhojpur. He has testified to the fact that the house of

appellant/Sanjay Bahadur Singh was raided and that six

empty pouches of 200 ml. each were found from the

backyards of his house. The contents of none of the

pouches so recovered were sent for any forensic

examination for confirmation that it was adulterated or Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

that it contained ethyl or methyl alcohol in excess of the

permitted portion.

37. Witnesses, namely, Deepak Kumar

Mishra (P.W. 46), Raj Kumar Chaudhary (P.W. 47),

Raju Kumar (P.W. 48), Ravish Kumar (P.W. 49) and

Mukesh Kumar (P.W. 50) are all police officers, who

had either participated in the raid or had joined the team

later. All of them but have taken the names of the

appellants about whom they had learnt from people

belonging to the area that they were involved in sale and

purchase of spirit.

38. All such information was hearsay.

39. It would also be profitable to refer to the

deposition of two Investigating Officers of this case,

namely, Vinod Kumar (P.W. 60) and Anugrah Narayan

Singh (P.W. 61). P.W. 60 took up the investigation on

09.12.2012 from P.W. 61. He has proved the inquest

reports of some known and unknown deceased persons,

marked as Exhibit 8 to 8/6. He has also identified and Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

proved the inquest reports of other deceased persons.

All that he had to tell the Trial Court was that because of

consumption of liquor, twenty one persons had died.

Similar is the nature of evidence offered by P.W. 61,

who claims to have recorded the statements of the

relatives of the deceased persons, who have taken the

names of some of the appellants as having sold liquor to

the deceased persons. He had recorded the confession

of some of the accused persons. He has proved the

recovery of liquor in small and large quantities from the

constructive possession of some of the appellants about

which reference has been made earlier. An attempt

also was made by P.W. 61 to prove Exhibit 27, which is

the quota of liquor against the licence of

appellant/Sanjay Pratap Singh and one Anjani Kumar

Singh for the year 2012 - 2013.

40. The Trial Court, as it appears from the

judgment, made a list of the deceased persons and had

found that the death of those persons took place Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

because of consumption of spurious liquor on the basis

of the post-mortem report and the evidence of the

Doctors who had conducted the post-mortem.

41. There could be no dispute about such

finding that the death was caused because of

consumption of spurious liquor containing more

percentage of ethyl and methyl alcohol.

42. The places where the deceased persons

were found dead were mechanically taken by the Trial

Court to be the place of occurrence as if the offence had

been committed at the place where the deceased were

found lying dead.

43. With respect to the involvement of the

appellants, the Trial Court has found that

appellants/Rakesh Singh @ Prakash Kumar Singh and

Sanjay Pratap Singh @ Sanjay Singh were the

authorized dealers of liquor in the area. Exhibit 1/2 and

1/3 were proved, which are the seizure-list for the

recovery made from the house of appellant/Sanjay Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

Pratap Singh. The exhibit list, according to the Trial

Court, demonstrated that appellant/Rakesh Singh @

Prakash Kumar Singh was a licensee for the year 2012 -

2013 for Shop No. 18 and the Shop No. 16, which had a

different licence number but for the same financial year.

A partnership deed also was found to be proved between

appellants/Rakesh Singh @ Prakash Kumar Singh and

Sanjay Pratap Singh @ Sanjay Singh. On the basis of

the afore-noted documentary evidence, the Trial Court

found that appellants/Rakesh Singh @ Prakash Kumar

Singh and Sanjay Pratap Singh @ Sanjay Singh were

actually the shop owners in the area where the

maximum death had occurred and also in Bazar Samiti

where also some deaths had taken place.

44. The document offered by the appellants,

namely, Exhibit E, a certificate issued by the Public

Information Officer, was not accepted for the reason that

it did not have any seal of the Government Department,

making it unreliable.

Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

45. It further appears that the Trial Court, on

the basis of Call Detail Report (Exhibit 12), came to the

conclusion that nine of the appellants, namely, Pappu

Chaudhary, Manoj Surhi, Upendra Yadav, Sanoj Yadav,

Rakesh Choudhary @ Bhandhi Choudhary @ Bhandi,

Manoj Yadav @ Manoj Kumar Yadav, Rakesh Singh @

Prakash Kumar Singh, Sanjay Singh @ Sanjay Pratap

Singh and Sanjay Bahadur had, sometime or the other,

talked amongst themselves. Surprisingly, on this

evidence, the Trial Court has come to the conclusion that

such analysis of the CDR reflects the involvement of the

appellants in the crime.

46. We fail to understand the logic behind

such conclusion.

47. If the contents of the liquor bottles and

pouches recovered from the houses of some of the

appellants would have been sent for forensic

examination, one could have understood about them

having stored for sale intoxicant which had become Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

noxious because of adulteration. No effort has been

made by the investigating team to have the liquor tested

for immediately jumping to the conclusion that all the

recovered pouches, firstly contained liquor and secondly,

that the liquor was adulterated, spurious and not fit for

consumption.

48. With respect to appellant/Bhaskar Sinha

@ Bhaskar Kumar Sinha [Cr. Appeal (DB) No. 1025 of

2018], the evidence of P.W. 62 (Majetar Ram @

Majetar Paswan) was taken into account, who had made

statement before the Trial Court for the first time that

he had become blind after consuming liquor which was

obtained from a shop at Bijli More. On the basis of the

afore-noted deposition of P.W. 62, the Trial Court has

come to the conclusion that appellant/Bhaskar Sinha

along with his compounder appellant/Upendra Kumar

were involved in sale and purchase of spirit, which was

used for preparation of illicit liquor.

49. Again, the learned Advocate representing Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

appellant/Bhaskar Sinha @ Bhaskar Kumar Sinha

laments that even if such witness is assumed to be

truthful, the conclusion of the Trial Court is based on no

material, whatsoever.

50. The link evidence of such spirit having

been sold with the knowledge and purpose of being used

in manufacturing illicit liquor is completely absent.

51. Thus, we find that there is no direct

evidence against any one of the appellants, who have

been hounded by the investigating agency for the reason

of either their being erstwhile dealers of local liquor

under licence or of having sold liquor under the garb of

expired licences, clandestingly when on a particular day

around twenty one persons died of consuming the same.

52. The evidence which has been taken into

account for the Trial Court to convict the appellants

under Section 304 (Part-II) of the I.P.C. read with

Section 3(2)(v) of the SC/ST (POA) Act, does not

commend to us in any manner whatsoever. There Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

appears to be a knee-jerk reaction of the local police and

the superior police administration to find out the cause

of twenty one deaths and in the process, the persons

whose names were taken by the relatives of the

deceased as suppliers, became the sitting ducks.

53. We fail to understand as to how on such

evidence, the appellants could be convicted under any

one of the sections of the I.P.C. read with the offence

under the erstwhile Excise Act and SC/ST (POA) Act.

54. That the victims were members of the

scheduled castes/tribes community, cannot be the sole

reason for attracting the mischief of the special

legislation regarding prevention of atrocities on

scheduled castes and scheduled tribes. The liquor

definitely would not have been sold to them thinking that

by such transaction, members of the scheduled

castes/tribes community would be harmed. Unless the

link evidence is established, conviction would not be

justified. We say so for the reason that (i) merely Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

because a large number of persons had died because of

consumption of illicit liquor; (ii) that some the appellants

were licensees of local liquor and (iii) that from the

constructive possession of a few of the appellants, liquor

bottles and pouches were recovered, the contents of

which were never sent for any forensic examination, the

appellants cannot be saddled with the guilt and the

consequent sentence.

55. Perforce, we set aside the judgment of

conviction and order of sentence dated 24.07.2018 and

28.07.2018 respectively passed by the learned 1 st Addl.

District and Sessions Judge, Bhojpur at Ara in SC/ST

Case No. 36 of 2013, arising out of Ara Nawada P.S.

Case No. 353 of 2012, and acquit the appellants, above-

named, of the charges levelled against them.

56. All the appellants are on bail. Their

liabilities under the bail-bonds are cancelled.

                         57.      All     these      appeals   stand   allowed

         accordingly.

Patna High Court CR. APP (DB) No.1041 of 2018 dt.07-10-2023

58. Let a copy of this judgment be dispatched

to the Superintendent of the concerned Jail forthwith for

record and needful.

59. The record(s) of these appeals be

returned to the Trial Court forthwith.

60. Interlocutory application/s, if any, in all

the appeals, also stand disposed off accordingly.

(Ashutosh Kumar, J)

(Vipul M. Pancholi, J)

Praveen-II/-

AFR/NAFR                NAFR
CAV DATE                26.07.2023
Uploading Date          07.10.2023
Transmission Date       07.10.2023