Supreme Court · 1994 INSC 434 · Decided 4 October 1994
Joseph Kurien Philip Jose v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 1994 INSC 434 · [1994] SUPP. 4 S.C.R. 122
- Case number
- CRIMINAL APPEAL No. 472/1990
- Decided
- 4 October 1994
- Bench
- M.M. PUNCHHI, K. JAYACHANDRA REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 27, 328, 272, 304
Headnote
Indian Penal Code, 1860, S. 27~Adulteration of drink for sal~Ap­ pellant in control of depot which sold adulterated arrack causing death-Held, the offence stood committed on the very day appellant found in possession C of adulterated arrack. Kerala Abkari Act, SS, 55( a), (i) and 57-fllegal sold adulterated arrack-Held, mere possession of liquor by the appellant sufficient D to attract offence. Indian Penal Code 1860, S. 328--Causing hurt by poison-Trial CouTt holding accused not aware that arrack being sold likely to cause death and ruling out offence under Ss. 302 and 304-Trial
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