MEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this appeal by special leave the sole appellant Smt. Meera is the mother-in-law of the deceased Smt. Hanja. She was sentenced to life imprisonment under Section 302, I. P. C. and was sentenced to pay a fine of Rs. 200/- by the learned Additional Sessions Judge, Sirohi in Sessions Case No. 28/78. D. B. Criminal Appeal No. 155 of 1979 preferred by the appellant has been dismissed by the High Court of Judicature for Rajasthan at Jodhpur by its impugned judgment and order of 27th May, 1997.

(2.) The case of the prosecution is that the deceased was residing with the appellant in Sumerpur. The parents of the deceased resided in a village known as Purada which was at a distance of about 3 kms. from village Sumerpur. The case of the prosecution is that on 9th December, 1976 the appellant alongwith Deva, DW-2, took the deceased in a Tonga from village Sumerpur to Village Purada, to the house of her parents. The deceased complained to her mother and others, namely - PWs. 2 and 3 that she had been administered poison by the appellant. She was, therefore, immediately taken to the hospital at Sumerpur. The appellant also accompanied them to the hospital. The deceased was examined by PW-1 Dr. Purohit who sent a peon, Madan Lal, DW-1, to inform the police about the arrival of the deceased who was suspected of having consumed poison. Accordingly DW-1 made an oral report at Police Station, Sumerpur which was recorded by Head Constable Amar Singh, PW-7, in the absence of the Station House Officer, in the daily diary Ext. D/2. From Ext. D/2 it appears that PW-7 was informed by DW-1 that a woman had been brought to the hospital whose condition was bad and it was said that she had swallowed poison. After recording Ext. D/2, PW-7 went to the hospital and recorded the statement of the deceased in presence of the doctor, PW-1. The said statement has been marked as Ext. P/1. In her statement to PW-7 the deceased stated that she had delivered a child about 2 1/2-3 months ago. After delivery she had been brought to Sumerpur. She was continuously suffering from dysentery and fever but she was not being treated. Only yesterday an injection was given. On the date of occurrence her mother-in-law (appellant) got a medicine from a long container which had rats drawn on it and gave her that medicine. When she was not able to swallow the medicine her mother-in-law forced some water in her mouth and her father-in-law kicked her on her head. Thereafter she was put in a tonga and taken to her parents house at Purada. Her parents said as to why they had dumped her there and that they should take her back to Sumerpur. Her mother-in-law used to say that it would be better if she dies.

(3.) Ext. P/1 has been treated as dying declaration and the prosecution has heavily relied upon this statement.