DUGESHWARI SAHOO Vs. STATE OF CG

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order sentence dated 27.7.2006 passed in ST No. 06/2006 whereby and whereunder the Additional Sessions Judge, Dhamtari after holding the appellant guilt for causing death of deceased Baraturam by administering poison, convicted her under Section 302 of IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs. 100/-. Conviction is impugned on the ground that without an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned, and thereby committed illegality.

(2.) As per case of prosecution, on account of claim over property, appellant Durgeshwari Sahoo - wife of Chaman Sahu (PW-1) administered poison to her father-in-law Baratu Ram by mixing poison in the tonic, which the deceased used to drink. The appellant and the deceased were residing under the same roof. On 17.4.2005, the appellant mixed insecticide endosulfan (poison) on the medicine/tonic of the deceased, which the deceased used to take daily. On the next day, i.e. on 18.4.2005 at about 11 a.m., deceased Barathu Ram took his medicine/tonic. He noticed some bad smell coming from the medicine and within few minutes, he became unconscious. He was immediately shifted to Govt. Hospital from where he was referred to Raipur. During the course of treatment, he died and the death was reported by husband of the appellant Chaman Sahu (PW-1) vide Ex-P/1. Investigation officer reached to the hospital and gave notice to panchas and inquest over the dead body of the deceased was prepared. Spot map (Ex-P/4) was prepared and medicine/tonic was seized from Chaman Sahu (PW-1). Dead body was sent for autopsy to Govt. Hospital Nayapara vide Ex-P/15. Dr. C.V. Gupta conducted autopsy and gave his report vide Ex-P/16-A and noticed suspected case of poisoning. Visra was preserved and sent to Forensic Science Laboratory for examination and as per the report of the Doctor (Ex-P/9) presence of endosulphan was confirmed in visra and tonic vide Ex-P/11. Finally FIR was lodged vide Ex. P. 17. Container of endosulphan was seized on 04.05.2005 from Chaman Sahu vide Ex-P/5.

(3.) Statement of witnesses were recorded under Section 161 of Code of Criminal Procedure. After completion of investigation, charge sheet was filed before the Judicial Magistrate First Class, Dhamtari, who in turn committed the case to the Court of Sessions, Raipur, who conducted trial and convicted and sentenced the appellant as mentioned above.