KHORBEHRA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28-2-94 passed in Sessions Trial No. 226/92 by the Fourth Additional Sessions Judge, Raipur. By the impugned judgment, the appellants have been convicted under Section 302/ 34, IPC and sentenced to undergo imprisonment for life. The facts, briefly stated, are as under:-

(2.) The conviction of the appellants is based on the testimonies of Brij Bai (P.W. 2 - mother of the deceased), Chaitram (P.W. 6 - uncle of deceased) and Chaitram (P.W. 8 - father of the deceased). The prosecution came with the case that in the fateful night, all of a sudden, the deceased came to his house and fell down and made oral dying declaration before the above 3 witnesses that the appellants have administered poison on him by mixing it in the liquor.

(3.) Mrs. Renu Kochar, learned Counsel appearing on behalf of the appellants, argued that the merg intimation (Exh. P-1) was the first hand information in which there is no whisper of administration of poison by the appellants; even at the time of inquest the story of administration of poison was not disclosed by the above 3 witnesses, whereas they were witnesses to the inquest; though the viscera was preserved by the Autopsy Surgeon and was handed over to the police constable, but it was not sent for chemical examination to the FSL, whereas the other ordinary articles were sent. Her submission was that in fact, it was not established beyond all reasonable doubts that the deceased died on account of administration of poison. In fact, initially the case of the prosecution was that the deceased died on account of drinking excess liquor, but later on, the above relative witnesses of the deceased turned the story about administration of poison saying that the deceased made such oral dying declaration before them.