USHA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 19/7/2011 passed by the Additional Sessions Judge, Sakti, in Sessions Trial No.68 of 2011 convicting the accused/appellants for the offence punishable under Ss. 304 (Part-II) IPC and under Sec. 49-A(1)(iii) of the CG Excise Act, sentencing them to undergo rigorous imprisonment for ten years with fine of Rs.1000.00 for each offences with default stipulation with a direction to run both the sentences concurrently.

(2.) Case of the prosecution in brief is that on 4/3/2010 it is stated that the appellants were illegally carrying on business of preparing and selling liquor at their residence in violation of provisions of the Chhattisgarh Excise Act. It is stated that in the said liquor, there was some poisonous substance. On the fateful day i.e. 4/3/2010, Anil, Vijay @ Birju, Bheem @ Pankaj and Jugri Bai came to the house of the appellants for purchasing/consuming alcohol. After consuming liquor, they left the house of the appellants. After some time all of them were found unconscious and while they were being taken to the Hospital, they died on the way.

(3.) Merg intimation was registered at Police Station Janjgir, District Jangir Champa in respect of death of above four persons. FIR, Ex. P/12, was lodged by one Omprakash Kurre, PW-8. The dead bodies of the deceased were sent for postmortem. Dr. R.K. Singh and Dr. K.P. Rathore conducted postmortem of the deceased. Death was opined due to failure of cardio respiratory as a result of taking poisonous substances.