MOHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is entirely without substance.

(2.) The appellant was convicted by the Sessions Judge of Budaun for the murder of one Ram Bharosey on 15-11-1957, by giving him "peras" (sweets) containing arsenic, to eat, and sentenced to death. On appeal the conviction and sentence were confirmed by the High Court at Allahabad. The appellant has now appealed to this Court with special leave.

(3.) Ram Bharosey was the cousin of the appellant. About noon on 15-11-1957, Ram Bharosey went to his field to graze cattle. His sister Chameli followed him a little later. On reaching the field Chameli took charge of the cattle and Ram Bharosey began to scrape grass. Sometime in the afternoon the appellant came to Ram Bharosey in the field from the side of the river Ganga and told him that he had brought "prashad" of Gangaji and gave him three "peras" to eat. Ram Bharosey took the three "peras". This took place in the presence of Chameli. One Bikram who was grazing cattle nearby, also saw the appellant giving "peras" to Ram Bharosey. Both Chameli and Bikram asked the appellant for "prashad" for themselves but the appellant told them that he had no more "prashad" to give. Thereafter, the appellant went away in the direction of his own house. Half an hour later, Ram Bharosey began to feel unwell. He had nausea, pain in body and giddiness. He then asked his sister to take him home. Bikram also came to Ram Bharosey when he complained of feeling unwell and to him Ram Bharosey said that he had become sick since eating the "peras" given by the appellant and that he thought that the appellant had given him poison. Ram Bharosey's illness grew worse when he came home and a number of neighbours came to see him, and to some of them he said that he had become ill after taking the "peras" given by the appellant and that he though that the appellant had put poison in them. Ram Bharosey died about dusk.