STATE OF BIHAR Vs. RAMNATH PRASAD

JUDGEMENT

(1.) These appeals by special leave are filed by the State of Bihar against the judgment and order of the Patna High Court in Criminal Appeals Nos. 493 of 1980 and 20 and 49 of 1981. The High Court allowed the three appeals, set aside the order of conviction and sentence passed by the Court of Additional Sessions Judge, Sitamarhi in Sessions Trial No. 79 of 1979/15 of 1980 and acquitted the accused of all the charges levelled against them.

(2.) The incident which led to the trial of the three respondents took place in village Bairgania on 9-2-1979 at about 8.30 p.m. There is a Power House at Bairgania. It was lying closed since a long time and in order to see that it started again, the people of Bairgania had organised a relay fast near the Rest House of that Power House since 28-1-1979. The relay fast was to continue for 24 hours everyday and on 9-2-1979 it was the turn of Bishwanath Prasad Rajgaria (deceased), Bigu Ram, Ram Narayan Prasad, Ram Gopal Rajgaria and Jagannath Prasad to sit there and observe fast. At about 8.30 p.m. on that day accused Rajdeo (respondent No. 2) reached that place. He was soon followed by accused Ramnath (respondent No. 1). They sat for some time with the persons who were on fast and then accused Ramnath took out a small packet from his pocket and offered powder like substance to Bishwanath Prasad and told him that it was 'prasad' from Varanasi. As Bishwanath Prasad and others were observing fast they declined to take it by saying that it would not be proper to eat anything as they were on fast. But Rajdeo persuaded them to take it by stating that it was 'prasad' of God and by taking it, it cannot be said that the fast was broken. Ramnath then gave the 'prasad' to Bishwanath Rajgaria, Bigu Ram, Ram Narayan, Ram Gopal and Jagannath. While the 'prasad' was being given to those persons Hari Narayan and Bishwanath Chaudhary also came there. They requested Ramnath to give 'prasad' to them. Ramnath, therefore, gave 'prasad' to them also. After two or three minutes accused Rajdeo left that place. Ramnath continued to sit there. After about 15 to 20 minutes all the seven persons who had taken 'prasad' felt uneasiness and giddiness and had difficulty in breathing. Bishwanath Prasad Rajgaria, therefore, enquired from Ramnath as to what he had given to them, Ramnath did not reply and left that place. Those persons started vomiting and purging and their condition started deteriorating. So, Dr. Vishwanath Prasad was called. Even after he treated them, their condition did not improve and, therefore, two other doctors were sent for. In spite of the treatment given by the doctors condition of those persons did not improve. Bishwanath Prasad Rajgaria died at about 3.30 a.m. The other six affected persons were removed to Sitamarhi Hospital and with better treatment there they survived. Dr. Kameshwar Prasad had sent information to the police station regarding the condition of those seven persons and, therefore, the police came to the Rest House at about 5 a.m. and recorded the complaint of Chandradeo Prasad alias Raj Guru. In the complaint he stated that he was suspecting that Rajdeo and Ramnath had deliberately and knowingly administered some poisonous substance to those persons and, therefore, Bishwanath Prasad Rajgaria had died and others had became ill. A case was registered on the basis of the said complaint. After completion of the investigation and filing of the charge-sheet the three accused were charged and tried for committing the murder of Bishwanath Rajgaria and for attempting to commit the murders of Bigu Ram, Ram Narayan, Ram Gopal Rajgaria, Hari Narayan and Bishwanath Chaudhary by administering poison to them. Accused Ramnath was charged under S. 302, I.P.C. and also under Ss. 307 and 328, I.P.C. Rajdeo was charged under Ss. 302, 307, 328/34 and 302/109, I.P.C. Banwari Lal (respondent No. 3) was charged under S. 120B, I.P.C. for having entered into a conspiracy with the other two accused in pursuance of which poisonous substance was administered to the deceased and six others. The accused totally denied their involvement in the incident. They also led evidence in defence.

(3.) In order to prove its case the prosecution had examined the following eye-witnesses:Chandradeo, the informant (P.W. 2), Ram Gopal Rajgaria (P.W. 5), Kamal Prasad Jaiswal (P.W. 6) and Bigu Ram (P.W. 9). Out of the persons who were on relay fast the prosecution had tendered Jagannath (P.W. 32) and Ram Narayan Prasad (P.W. 34) for cross-examination. Others were not examined on the ground that they were won over by the defence. The prosecution had also tendered Hari Narayan (P.W. 3) for cross-examination. The prosecution had examined Dr. Ashok Kumar Gupta (P.W. 13) and Dr. Vishwanath Prasad (P.W. 31) who had treated the affected persons at Bairgania. The prosecution had also examined Kamal Prasad Jaiswal (P.W. 6) and Kodai Shah (P.W. 28) who were present when Chandradeo gave his complaint and who had also signed the same. One Dharmnath Prasad (P.W. 27) was examined to prove that he was told by Bishwanath Chaudhary and Hari Narayan that accused Ramnath had given 'prasad' to them. Other corroborative evidence was also led by the prosecution but it is not necessary to refer to the same. On the basis of the medical evidence and the reports regarding chemical examination of blood, vomit and stool the trial Court found that Bishwanath Prasad Rajgaria, Hari Narayan and Bigu Ram were administered glycosides of oleander (kanar) and that oleander is a highly poisonous substance. Though the chemical examination reports of the other affected persons did not show presence of oleander, on the basis of the medical evidence it was held that they had also suffered effects of eating a poisonoussubstance. It also held that the death of Bishwanath Prasad Rajgaria was due to the poison given to him. The trial Court disbelieved the evidence of Dharamnath Prasad (P.W. 27) who during his cross-examination stated that when he had gone to the Rest House at about 3.30 p.m. he had seen the persons sitting on relay fast eating 'Chura' and 'Bhuja' and at that time Hari Narayan was present. This version was suggested to some of the prosecution witnesses also. It was disbelieved on the ground that Dharam Nath being a cousin of Rajdeo Prasad wanted to help the accused as was evident from the fact that he had not so stated in his police statement and had falsely denied that he was examined by the police. His evidence was disbelieved also because of Hari Narayan in his evidence has categorically stated that he and Bishwanath Chaudhary had gone to the Rest House at about 8.30 p.m. and he was not at all cross-examined on this point. Moreover, there was no evidence whosoever to support the version that the persons who were on relay fast had taken 'Chura' and 'Bhuja' at about 3.30 p.m. Though no motive could be established by the prosecution the trial Court held that the evidence of P.Ws. 2, 5, 6 and 9 was sufficient to establish that Ramnath had given the 'prasad' that Rajdeo had persuaded the persons sitting on relay fast to eat it. The trial Court further held that Ramnath had given poisonous substance with an ulterior motive and accused Rajdeo had definite knowledge about it. The trial Court also believed the corroborative evidence given by Kailash Mahto and Dr. Vishwanath Prasad (P.W. 31) who have stated that when they had enquired from Bishwanath Rajgaria as to what was the cause of his ailment Bishwanath Rajgaria had told them that after he took 'prasad' given by Ramnath the symptoms of giddiness etc. had developed and that Rajdeo had insisted that they should take that 'prasad.' The trial Court rejected the contention that the evidence of Dr. Vishwanath Prasad should not be believed because the other doctors had not so stated in their evidence for the reason that the other doctors were not asked any question on that point. Even Dharamnath Prasad (P.W. 27) who wanted to help the defence and therefor had stated that at about 3.30 p.m. the persons on relay fast had taken 'Chura' and 'Bhuja,' admitted that he had gone to the Rest House at 9 p.m. and when he had enquired what had happened to Bishwanath Prasad Rajgaria and others he was told that Ramnath had given some 'prasad' to them and thereafter their condition had become serious. The trial Court also relied upon the circumstance that soon after the incident accused Ramnath and Rajdeo had disappeared from the village. On the basis of all this evidence the trial Court came to the conclusion that complicity of Ramnath and Rajdeo was established beyond doubt by the prosecution. The charge against Banwari Lal was held proved on the basis of the evidence of P.Ws. 11, 33, 40, 41 and 42. The trial Court, therefore, convicted Ramnath and held him guilty under Ss. 302, 307 and 328, I.P.C. It convicted Rajdeo under Ss. 302 read with Ss. 34 and 109, 307/34 and 328/34, I.P.C. Banwari Lal was convicted under S. 120B, I.P.C.