SAJEEV versus STATE OF KERALA

Citation: [2023] 15 S.C.R. 241 · Decided: 09-11-2023 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Dismissed

Cited by 1 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

[2023] 15 S.C.R. 241 : 2023 INSC 998
241
CASE DETAILS
SAJEEV
v.
STATE OF KERALA
(Criminal Appeal No. 1134 of 2011)
NOVEMBER 09, 2023
[ABHAY S. OKA AND SANJAY KAROL, JJ.]
HEADNOTES
Issue for consideration: Whether the conviction and sentence of the 
accused-A10 and A11 u/ss. 302, 307, and 326/120B IPC and s.55(a), (h), 
(i) and s. 57 (A)(1)(ii) of the Abkari Act by the courts below is sustainable 
in law. 
Penal Code, 1860 – ss. 302, 307 and 326/120B – Akbari Act – ss. 
57(A)(1)(ii) and 55 – Conspiracy of alcohol poisoning – A1, kingpin 
of the illicit liquor business alongwith A3, A10, and A11 hatched a 
conspiracy to mix methyl alcohol with spirit to sell the same for an 
unlawful gain through the outlet operated by A1, and the consumption 
of the same resulted in the death of 7 innocent people, blindness in 11 
people, and injuries to 40 people – Conviction qua A1 upheld right up 
to this Court – Conviction of the accused-A10 and A11 u/ss. 302, 307 
and 326/120 B and s. 55(a), (h), (i) and s. 57 (A)(1)(ii) of the Abkari 
Act and sentenced to imprisonment for life for the off ence u/s. 302 
and s. 57(A)(1)(ii), along with other sentences, by the courts below – 
Interference with:
Held: Not called for – Relationship between A10 and A11, and their 
relationship with A1; and the role played by each one of them in hatching 
a conspiracy, if any, supply of Biosole and subsequent malice in the supply 
and sale of illicit liquor established – Cause of death of the deceased 
persons was poisoning caused by methyl alcohol, so also the persons 
suff erred injuries on their body parts as a result of such consumption – 
Prosecution succeeded in establishing the off ence of criminal conspiracy 
of A10 and A11 with A1 – Accused failed to justify the incriminating 
242 
SUPREME COURT REPORTS 
[2023] 15 S.C.R.
circumstances appearing against them – Off ence u/s. 57(A)(1)(ii) of 
mixing noxious substance likely to endanger human life, attributable 
to them – Also, in res gestae ss. 6 and 8 of the Evidence Act applicable 
– Furthermore, there is evidence relating to the transport, bottling and 
sale of methyl alcohol – Accused persons have been established to be in 
conspiracy for common objectives throughout – Conviction of A10 and 
A11 u/s. 55(a), (h) and (i) upheld – Thus, the involvement of the accused 
persons in the sale and mixing of methyl alcohol with spirit as part of 
the conspiracy, resulting in deaths and injuries to many innocent persons 
proved – Conviction of A10 and A11 u/ss. 302, 307, 326 and 120B IPC 
and 57(A)(1)(ii) of the Abkari Act, by the courts below upheld. [Para 16, 
37, 41, 42, 45, 46, 48-50]
Criminal Law – Concurrent convictions – Interference – When 
warranted: 
Held: It is when the fi nding is perverse; fi nding is based or built on 
inadmissible evidence; and the courts below have not considered or wrongly 
discarded vital pieces of evidence that would tilt the balance in favor of the 
accused. [Para 51]
Penal Code, 1860 – s. 120B – Criminal conspiracy – Necessary 
ingredients to constitute a criminal conspiracy – Elucidated. [Para 35]
Supreme Court Rules, 2013 – Order XX, r. 5, sub rules 2 and 3 – 
Criminal Appeals – Suggestion for amendment of sub-rule 3:
Held: Perusal of sub-Rules 2 & 3 of r. 5 shows that physical copies 
of the original records are to be called for, in criminal appeals involving 
sentence of life or the death penalty – It is suggested that sub-rule 3 
be amended to insert the words ‘soft copy’ before the words ‘original 
records’, resulting in e-copies of the Original Records being requisitioned 
– This would facilitate a much quicker availability of such records to the 
court as also further a more environmentally conscious approach – Such 
requisition of the soft copy of the record be extended to cases where 
leave is granted against an order of acquittal or conviction – Also, soft 
copy of the records, once received be provided to the counsel appearing 
for the parties. [Para 58]
243
Judicial deprecation – Practice of depositions of material witnesses 
not being placed on record – Eff ect: 
Held: Such practice often cause repeated adjournments, which 
goes to the root of pendency and delay in disposing of appeals – Thus, a 
suggestion to amend sub rule 3 of rule 5 of Order XX of the Supreme Court 
Rules, 2013 by inserting the words ‘soft copy’ before the words original 
records resulting in e-copies of the original records being requisitioned, at 
a quicker pace – Supreme Court Rules, 

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