CHANDRA BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Four persons died and several persons lost full or partial vision allegedly due to consumption of spurious liquor purchased under the guise of Ayurvedic medicine from Ajith Ayurvedic shop run by first accused. Accused No. 2 is stated to be an Ayurvedic Doctor who is the technical assistant who has counter signed the renewal of licence application of the manufacturing unit of first accused. Accused Nos. 3 and 4 are salesmen in the Ayurvedic shop from where the customers consumed arishtas, an Ayurvedic preparation allegedly mixed with ethyl and methyl alcohol. Accused No.5 was alleged to have procured and brought methyl alcohol to the said shop owned by the first accused. The allegation of the prosecution was that all the five accused together mixed the same and they were charge sheeted. The charge framed by the Court is as follows:

(2.) PWs 1 to 11 were injured witnesses. Eye sight of PW 1 was lost and, according to him, on 28/05/2000 at about 4.30 p.m., he consumed arishta from the shop of first accused. He also stated that he used to consume arishta from the above shop regularly. He further stated that on that day when he went there, PW 6 as well as Lessy were consuming arishta from the above shop. He paid Rs.30/- to the fourth accused and purchased arishta. According to him, fourth accused went behind the shelf and brought arishta in two glasses and one was given to him and the other was given to PW 6. According to PW 1, after consuming the arishta, he felt pain to his body and also dizziness and he went to his house and took rest. In the morning, when he attempted to take breakfast, he vomited. In the afternoon, he felt very tired and had a feeling that his eye sight was diminishing. So, he went to a nearby private hospital. Then, he came to know that Kunjumon and Lawrence who had consumed arishta had died. So, on the next morning, he went to the Taluk Headquarters Hospital, Karunagappally and from there he was taken to the District Hospital, Kollam. According to him, his eye sight was lost due to the consuming of arishta supplied by Accused No. 4 from the shop of A1. PW 1 was thereafter treated in the Medical College Hospital, Thiruvananthapuram. His eye sight was lost completely. According to him, after about one to one and a half hour after consumption of the arishta, he had burning sensation in his chest and dizziness. According to him, he had not seen the fourth accused adding anything to the arishta since it was brought from the room which was separated with a curtain. Arishta was taken in a glass and given to him. He also stated that fourth accused was known to him earlier and he is a neighbour and there is no dispute regarding his identity.

(3.) PW 2 is another injured witness. He also consumed alcohol on 28/05/2000 at about 7.00 p.m. According to him, when he went to consume arishta, PW 11 was also there to consume arishta. Though he intended to have his food after consuming arishta, he felt dizziness and became unwell. So, he went to his house without taking food and he became unconscious and he regained consciousness only on the next day morning and at that time he felt loss of vision and dizziness. In spite of taking bath, he did not get any relief. He went to the neighbour Maniyan's house. When he reached there, he was not feeling well and he lied down in the bench in the house of Maniyan. He took some water from the house of Maniyan and returned. He felt too weak and suspected that he will fall down. Then, he came to know that people who had consumed arishta from the very same shop had become unwell and was taken to the hospital. He was unable to take food and by about 10 o'clock in the night, he went to Taluk Hospital, Karunagappally. From there, he was sent to District Hospital, Kollam. He deposed that he has lost his eye sight due to consumption of arishta. According to him, accused Nos. 3 and 4 were salesmen in, Ajith Ayurvedic. He identified A1, A3 and A4. Similar evidence was given by PW 4. All of them have stated that after giving cash to accused No. 3 or 4th accused gave them arishta and thereafter they felt dizziness and later they felt dizziness and later their eye sight was lost. PW 3 also consumed arishta which was sold by A3. PW 7 deposed that second accused is the doctor who came there and examined patients. PW 8 has deposed that he had consumed arishta which caused injuries to him and he has seen A5 as the person bringing arishta in scooter and autorickshaw. According to PW 9, A5 used to visit the shop. PW 9 was also injured after consumption of arishta from the shop. PW 11, a fisherman, also stated about the injuries he sustained after the consumption of arishta in the evening of 28/05/2000. He also stated that A5 used to come to that shop frequently. Evidence of PWs 1 to 11 clearly show that all of them had consumed arishta from the shop of A1. They purchased the same after paying the price to A3 or A4 and they sustained serious injuries thereafter due to the consumption of arishta from the above shop. All of them identified A1, A3 and A5. Some of the witnesses also stated that A2 is the doctor attached to that hospital and he used to examine patients two days in a week. They have also seen A5 coming to the shop of A1 frequently in an autorickshaw or a scooter. One witness has also stated that A5 was bringing articles to the shop. PW 12 is a neighbouring shop owner who is a witness to the seizure. PW 29 stated that the shop building is owned by him and A1 has taken it on rent for conducting ayurvedic medicine business. He further stated that A3 and A4 are seen in the shop. PW 13 is an autorickshaw driver. He stated that Lawrence and Kunjumon are working in the Vallikavu jetty and they frequently come to the ayurvedic shop at the Vallikkavu jetty. He came to know that Lawrence died due to consumption of poisonous substance from the ayurvedic shop and the shop was being conducted by A1.