K.S.TIWANA,J. - (1.) THESE case, which pertain to three Police Stations, that is, Kalanwah Bara Gudha and Narwana, in State of Haryana, contain same questions of law, that is, for what offence these accused should be charged at the trial. The facts of these cases are also more or less similar. Since almost similar facts are involved in these cases, so I will decide all these cases by one order.
(2.) IN all the cases, the facts are that after taking liquor purchased from the different liquor vends, as are mentioned in reports under section 173 of the Code of Criminal Procedure, 1973, submitted by the Investigation Agencies, many people died and many lost their eyel-sight, either partially or totally. Detailed facts, about the death and buildings (partial or total), because of the taking of the poison, in all these cases are as follows :- (i) According to chalan presented in FIR No. 211 dated 2nd of December, 1980, under sections 302/307, 328/320/420, 465/467/109 and 120-B of the Indian Penal Code and under Section 61 of the Punjab Excise Act of Police Station Kalanwali, District Sirsa, which is the subject matter of Criminal Revision No. 44 of 1982 and Criminal Revision No. 56 of 1982, 36 people allegedly died because of taking of liquor purchased from the liquor vend of village Kalanwali. Out of these the dead bodies of 24 persons were subjected to post-mortem. 45 persons were blinded, totally or partially, or taken ill after consuming the liquor purchased from this vend. The accused are in one way or the other connected with the offence either as owners of the liquor vend, or employees or connected with the preparation, supply and sale of the spurious liquor. (ii) In the chalan presented on the basis of FIR No. 247 dated 4th of December, 1980, under sections 302/328/307/420, 109 and 120-B. I.P.C. of Police Station Baragudha, District Sirsa, which in the subject-matter of Cr. Revision No. 57 o 1982 8 persons died and 27 persons were blinded, totally or partially, after taking spurious liquor purchased from the liquor vend Baragudha. Out of the dead persons, the dead bodies of only three were subjected to post-mortem. The case of the prosecution is that the accused are connected with the crime being the owners of the liquor vend, servants working there or connected with preparation, supply and sale of spurious liquor. (iii) In the case sent up for trial in the Court on the basis of FIRs No. 297 to 301 of 1980, under Sections 302, and other offences of Police Station Narwana, District Jind, which is the subject-matter of Criminal Revision No. 79 of 1982, 28 persons died and 33 were hospitalised for ill effects, after taking liquor from the liquor vends mentioned in these cases. The accused are either owners of the liquor vends or the persons working there or the persons who had prepared the spurious liquor and supplied it for sale at that liquor vend. The learned Sessions Judge, Jind consolidated for trial, all the four cases, committed on the basis of these FIRs. Case under Revision No. 44 of 1982, Cr. R. No. 56 of 1982 and 57 of 1982 were committed by the Judicial Magistrate I Class to the Court of Session under Section 302, IPC and other offences. The Additional Sessions Judge, Sirsa, vide order dated 13th November, 1981 framed charges under sections 304-A, 120-B, 337 and other sections of the I.P.C., which are triable by the Judicial Magistrate Ist Class, and under section 228 (a), Criminal Procedure Code, sent those to the Chief Judicial Magistrate, Sirsa, for trial A.S. Bains J. went on inspection tour of Sirsa District. During the course of inspection these cases came to the notice of the learned Judge. A.S. Bains, J. on 12th of January, 1982, suo-motu took cognizance of those cases and issued notice to the accused to show-cause why order of the Additional Sessions Judge, Sirsa, dated 13th November, 1981 be not revised. In the meantime, the State of Haryana also filed Criminal Revision No. 56 of 1982 in this Court pertaining to Police Station Kalanwali and Criminal revision No. 57 of 1982 in the case pertaining to Police Station Baragudha.
(3.) THE cases covered by F.I.Rs. No. 297 to 301 of 1981 of Police Station Narwana, after challan by the police under section 302 and other offences were committed to the Court of Sessions, Jind. The learned Sessions Judge, Jind; consolidated all the cases for the purpose of joint trial and framed charge under section 304 I.P.C. and other offences against the accused. The State of Haryana has filed Criminal Revision No. 79 of 1982 against that order.;