Supreme Court upheld Life Sentences in Kerala Hooch Tragedy Conspiracy

SUPREME COURT LAW INSIDER

LI Network

Published on: November 11, 2023 at 12:28 IST

The Supreme Court has recently upheld the conviction and life sentences of individuals involved in a deadly conspiracy related to liquor poisoning in Kerala.

The Court, comprising Justices Sanjay Karol and Abhay S. Oka, relied on the pivotal case of State v. Nalini to elucidate the essential elements for establishing criminal conspiracy.

Emphasizing that conspirators can be held liable for offenses committed individually as part of the agreement, the Court noted the destruction of evidence as a link to a larger conspiracy.

It underscored that the failure of the accused to justify incriminating circumstances may lead to adverse inferences.

The case revolved around a 2003 incident where a conspiracy led to the deaths of seven individuals, blindness in 11, and injuries to over 40 due to alcohol poisoning. The accused (A1, A3, A10, and A11) conspired to mix methyl alcohol with spirit for unlawful gain, resulting in a tragic incident.

The Court, while examining witness testimonies, found sufficient evidence to establish a criminal conspiracy. It observed that transactions reflected in records were fictitious, indicating a larger conspiracy. The accused were charged under various sections of the Indian Penal Code and the Abkari Act.

Referring to State v. Nalini, the Court reiterated the essentials for criminal conspiracy, emphasizing an agreement for an illegal act, intent to commit a crime, and reliance on inferred circumstances. The Court concluded that the prosecution successfully established the offense of criminal conspiracy against the appellants.

The Court also addressed the destruction of evidence by one of the appellants, stating that it supported the prosecution’s narrative. The discovery of burnt plastic residue and methyl alcohol in soil samples connected the appellant to the crime.

Additionally, the Court affirmed the convictions under the Abkari Act, stating that Section 57(A)(1) extends to anyone mixing harmful substances with liquor. The burden of proof on the accused under this section was constitutionally upheld.

In summary, the Supreme Court’s decision underscores the importance of proving an agreement between parties to establish conspiracy and highlights the gravity of offenses committed as a result of such conspiracies.

The convictions of the appellants in this tragic incident have been upheld, reinforcing the principle of joint responsibility in criminal conspiracy cases.

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