MOTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE criminal appeals by appellants Moti Lal and Dayal Das arise out of the judgment and order dated August 7, 1984 passed by the learned Additional Sessions Judge No. 1, Ajmer, by which the learned trial Judge has convicted and sentenced them in the following manner: Appellants Moti Lal and Dayal Das: For Offence u/s. 54 (a) of the Rajasthan Excise Act: Imprisonment for 3 years with a fine of Rs. 2,000/-, in default thereof, each to further undergo imprisonment for six months; Appellant Dayal Das: 1. For Offence under Sec. 304 Part II IPc Rigorous imprisonment for 10 years with a fine of Rs. 4,000/-, in default thereof, to further undergo rigorous imprisonment for one year; 2. For offence u/s. 328 IPC: Rigorous imprisonment for 10 years with a fine of Rs. 3000/-, in default thereof, to further undergo rigorous imprisonment for ten months;

(2.) ON 26. 8. 1979 at 11. 30 AM, the SHO, Police Station Clock Tower, Ajmer recorded Parcha Bayan, Ex. P. 34 of injured Bheru Lal in J. L. M. Hospital, Ajmer, according to which, on 23. 8. 1979 at about 8. 45 PM while he was standing out side New Magestic Cinema, Hari Singh Band Master and Ram Niwas came out of the shop of Soda Lemon belonging to Dayal Sindhi. Both were known to Bheru Lal. ON being asked by Bheru Lal as to their well being, they replied that they had purchased liquor from Dayal and offered him to consume remaining liquor. Thereafter all the three consumed the remaining liquor and then entered into the shop of Dayal. Bheru Lal stated that Hari Singh Band Master purchased half bottle (Adha) of liquor from Dayal and paid to him Rs. 7/- and all the three consumed the liquor in the shop itself. Thereafter Hari Singh Bank Master again purchased one 1tr. Liquor for Rs. 3. 50 and they came out of the shop and consumed the said liquor while standing opposite cinema. According to Parcha Bayan, while they were consuming liquor in the shop of Dayal, one Lal Chand Sindhi was also busy in consuming liquor in the shop of Dayal. Thereafter all the three left for their houses. Having reached home, Bheru Lal ate bread with curd and went to sleep. In the morning he became unconscious. He regained consciousness in the hospital and came to know that Lal Chand Sindhi died in the hospital because of consuming liquor. Lastly, it was stated that the wine which they purchased from the shop of Dayal and consumed was poisoned and he became unconscious as a result of consuming poisonous liquor. According to him the liquor was illicit and Dayal was selling the liquor without there being valid licence.

(3.) I have heard learned counsel for the accused appellants and learned Public Prosecutor and gone through the impugned judgment and the evidence available on record.