STATE OF H.P. Vs. GURMAIL SINGH

JUDGEMENT

(1.) State has appealed against Sessions Court judgment, dated 2nd March, 1998, whereby Respondents Gurmail Singh, Yash Pal and Sanjeev, who were charged with and tried for offences, under Sections 120B, 304 (second part) of the Indian Penal Code and Section 61(1)(i) of the Punjab Excise Act, 1914, as applicable to Himachal Pradesh, have been acquitted.

(2.) Case of the prosecution, which led to the trial of the Respondents, may be stated. On 18th January, 1997, marriage of one Kishan Singh of village Dehlan, District Una, took place. Marriage party (Baraat) went to village Kante. Several persons from village Dehlan, including PW-1 Mohinder Singh, his brother Piara Singh (deceased), his sister's husband Amrik Singh (deceased), went to village Kante, as members of the marriage party. At village Kante, PW-1 Mohinder Singh, his brother deceased Piara Singh and brother-in-law deceased Amrik Singh, purchased two bottles of illicit liquor from Respondent Gurmail Singh. That liquor was consumed by eight or ten persons. Thereafter, two more bottles of liquor were purchased from the said Respondent. That liquor was also consumed by PW-1 Mohinder Singh, his brother Piara Singh and brother-in-law Amrik Singh and a few more persons. In the evening, PW-1 Mohinder Singh, his aforesaid brother and brother-in-law and some other persons returned to their village.

(3.) Next day, in the evening, one of the persons, who consumed liquor in the company of PW-1 Mohinder Singh, namely deceased Jarnail Singh turned blind. He was taken to a medical practitioner at Mehatpur. Another person by the name of Surinder Singh, who too had partaken in the drinking bout on 18th January, 1997, also turned blind. Both of them died on 20th January, 1997, in the morning. After that Balwinder Singh, Baldev Singh, Piara Singh and Amrik Singh also fell sick and died on 20th January, 1997. PW-1 Mohinder Singh himself started vomiting. His vision became blurred. He was taken to District Hospital, Una, where he remained admitted, as indoor patient, for two days. From there he was shifted to PGI, where he remained admitted for a night.