HARIPRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 9-3-2006 passed by the Special Judge constituted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'), Bilaspur, in Special Criminal Case No. 19/2005, whereby & whereunder learned Special Judge while acquitting the Appellant of charge under Section 3(2)(v) of the Act, convicted him under Section 302 of the IPC for causing culpable homicide amounting to murder of Bisahu Singh Uike, and sentenced him to undergo imprisonment for life & pay fine of Rs. 1,000/-, in default of payment of fine to further undergo RI for one year.

(2.) Conviction is impugned on the ground that without any iota of evidence the trial Court has convicted & sentenced the Appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, on 22-7-2003 the Appellant administered liquor to Bisahu Singh Uike (since deceased), thereafter, he added poison in the liquor and provided to Bisahu. After consuming such poisonous liquor, Bisahu felt problem in breathing and he was badly affected by poison, but some how he came to his house and fell down in the verandah. Bisahu made dying declaration before his wife Ganesh Bai (PW-2), Anita Porte (PW-3), Sukwara Bai (PW-4), Rajesh Kumar (PW-5) and Bhagwati (PW-7). Thereafter, Bisahu was examined by Dr. Sudesh Verma (PW-1) who noticed pungent smell from the mouth of Bisahu and he immediately directed the relatives of Bisahu for shifting Bisahu to Government hospital. Relatives of Bisahu shifted Bisahu to Government hospital and same was intimated by the doctor to the police vide Ex.P-1. During treatment Bisahu died on 23-7-2003 at about 3.30 p.m. and death was intimated to police vide Ex.P-3. Merg was recorded vide Exs.P-4 & P-6. After summoning the witnesses vide Ex.P-10, inquest over the dead body of deceased Bisahu was prepared vide Ex.P-9. Dead body was sent for autopsy to CIMS, Bilaspur vide Ex.P-5A. Dr. A.K. Shukla (PW-18) conducted autopsy vide Ex.P-13 and found following symptoms: