BUDHWARIA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 3288/1999 filed by Budhwaria Bai and Criminal Appeal No. 704/2000 filed by Shyam Prasad are arising out of the same judgment passed by the Sessions Judge, Bilaspur in Sessions Trial No. 275/98, therefore, they are being disposed of by this common judgment.

(2.) By these appeals, the accused/appellants have questioned legality and correctness of the judgment of conviction and order of sentence dated 16th September, 1999 passed by the Sessions Judge, Bilaspur, in Sessions Trial No. 275/98, whereby learned Sessions Judge after holding the accused/appellants guilty for committing the murder of Santram and Itwari-sons of accused Budhwaria Bai, by administering them the poisonous substance i.e. root of yellow oleander, convicted both of them under Section 302 read with Section 34 of the I.P.C. and sentenced each of them to undergo imprisonment for life and pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for two years.

(3.) Case of prosecution, in brief, is that Budhwaria Bai is the mother of deceased Santram and Itwari. She has another son namely, Sukhram. She gave birth to these three sons out of her wedlock with Nankun Gond. As Nankun Gond died, Budhwaria Bai was living separately, whereas the two deceased sons as well as another son Sukhram were living separately. Case of the prosecution is that Budhwaria Bai fell in love with co-accused Shyam Prasad-neighbour of Budhwaria Bai, therefore, Shyam Prasad used to visit the house of Budhwaria Bai frequently, which was not liked by the deceased sons of Budhwaria Bai. They were objecting the coming of Shyam Prasad to the residence of their mother Budhwaria Bai. In this connection, even the meeting of Panchayat of village: Nawagaon was convened for that notice Ex.P-14 was issued to Santram, Itwari and Sukhram, Sarpanch Mohanlal Shrivas (PW-11) admonished Santram and Itwari and also advised Shyam Prasad not to visit the house of Budhwaria Bai. The said objection of Santram and Itwari was not liked by the accused/appellants, therefore, they decided to eliminate Santram and Itwari and for that purpose, they formed a common intention and in furtherance of that common intention, ultimately, on 1-3-1998, the accused persons procured the root of yellow oleander from one Parmanand (PW-4), thereafter, accused Shyam Prasad crushsed the root of yellow oleander on a stone and gave it to Budhwaria Bai who mixed it in the food cooked by her. Santram and Itwari consumed the same, they started vomiting and their condition became precarious. They ultimately died on account of consumption of the poisonous substance i.e. root of yellow oleander. Budhwaria Bai with the help of villagers, took Santram and Itwari to Police Station, Kota and reported the matter. The said information was entered in Roznamcha at serial No. 18 and in turn, the Police Station sent Santram and Itwari along with Constable Gangaram for medical examination to Community Health Centre, Kota where Dr. Jagat Singh Dhakar (PW-7) after examination on 1-3-1998 at 3.45 p.m. reported that Santram was brought dead and Itwari was in unconscious condition, there was slow pulse beat, pupils were dilated and condition was precarious, therefore, after preparing the report Ex. P-4 'C he advised that Itwari be admitted in District Hospital, Bilaspur, but after sometime, Itwari also died on account of consumption of the poisonous substance. Futher case of the prosecution is that Budhwaria Bai made extra-judicial confession before Aaju Singh (PW-8) and Janu Singh (PW-10). Shyam Prasad also made extra- judicial confession before Aaju Singh (PW-8). Budhwaria Bai cleaned the first vomiting substance of Santram and Itwari from the place of occurrence.