SAJEEV Vs. STATE OF KERALA

JUDGEMENT

(1.) The present appeals arise from the final judgment and order dtd. 23/7/2010 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No.72 of 2004, which confirmed the judgment and order dtd. 2/4/2004 passed by Sessions Judge, Kollam in Sessions Case No.1308 of 2003 vide which the present Appellants, two in number, namely, (i) Sajeev (Accused No. 10) and (ii) Roy (Accused No.11) were convicted under Ss. 302, 307 and 326 read with Sec. 120B of the Indian Penal Code (hereinafter 'IPC'), Sec. 55(a), (h), (i) and Sec. 57 (A) (1) (ii) of the Abkari Act. They were awarded imprisonment for life for the offence under Sec. 302 and Sec. 57(A)(1)(ii), along with other sentences, ordered to run concurrently.

(2.) The incident in question relates to alcohol poisoning, resulting in the death of 7 innocent people, blindness in 11 people, and more than 40 people sustaining injuries.

(3.) The prosecution case emerging from the record, as also set out by the Courts below, is as follows: