Life term for 4,two-year jail for 15 in 2004 hooch case

Dayaram Mhatre (40),Pandit Kalan (38),Pradeep D’mello (30) and Vishnu Mhatre (38) — dealers and owners of a country liquor shop — were found guilty under several Sections of the Indian Penal Code for culpable homicide not amounting to murder,causing hurt by means of poison with an intent to commit an offence,along with other Sections for selling adulterated goods. The state Act — Bombay Prohibition Act — against supplying spurious liquor was also invoked against all accused.

Of the 19 accused,15 were sentenced to two years in jail. The four main accused were arrested immediately after the incident and the rest subsequently. The last arrest was made in 2007,when absconding accused Babu Kamble (45) was nabbed.

It was a Christmas party celebrated in various shanties of the Vikhroli area on December 25,2004,that ended in the tragedy. As many as 285 people had consumed the liquor mixed with methanol. The Vikhroli police had registered a first information report two days after the incident,but the case was transferred to Unit 7 of the Mumbai Police Crime Branch (Ghatkopar) following protests.

The Crime Branch had filed a 5,000-page chargesheet in the case. Investigating officer Prakash Patil had compiled as many as 150 witnesses. “We examined at least three witnesses for each accused,from deceased persons’ families to those seriously injured. All witnesses stood their ground,and helped us in the case,” special public prosecutor Vaibhav Bagade said.

The 15 people given lighter sentences are Ramesh Pokarkar,Sanjay Kolekar,Laxmi Shetiyar,Vadivel Shetiyar,Ayappa Shetiyar,Chitra Shetty,Asha Saroj,Sunil Kandhare,Seema Shetty,Anand Shinde,Nagamma Shetty,Radha Shetty,Kharva Pavadt,Maya Khan and Kamble. While most accused were out on bail after being behind bars for at least five years,two accused —Balaram Mhatre and Babu Kamble — continued to be imprisoned.

Sessions Judge W K Kanbarkar also came down heavily on those police officers who turned a blind eye towards the crime for monetary benefits. “Such police officers/excise officers are equally liable for the commission of crime committed by the accused concerned. Such police officers/excise officers ought to have been prosecuted/implicated as co-accused in this matter in order to eradicate deep-rooted corrupt practices and that too in the wider interest of society. But the same is not done in the case. The investigating agency/government still is at liberty to initiate appropriate prosecution against such erring officers.”

The state government had suspended as many as 57 officers,including two IPS officers,following the incident. Responding to the court’s observation,Joint Commissioner of Police (Crime) Himanshu Roy said,“We will study the court’s order and take a view.”