SUDHA CHAUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 18.3.2013 passed by the 2nd Additional Sessions Judge, Manendragarh, District Korea in S.T. No.94/10 convicting the accused/appellant under Sections 302 and 201 of the Indian Penal Code (for short 'the IPC') and sentencing her to undergo R.I. for Life and fine of Rs.2,000/- and RI for 7 years and fine of Rs.1,000/-, plus default stipulations, respectively.

(2.) In the present case, name of deceased is Arvind Chouhan.

(3.) The prosecution story, in brief, is that deceased Arvind Chouhan after deserting his legally married wife had performed love marriage with the accused/appellant. Initially, the deceased had no source of income whereas the accused/appellant was practising law and therefore the father of accused/appellant gave one car to the deceased to which he was plying as taxi and earning livelihood for himself and his family members. On 4.2.2010 PW-14 S.L. Verma and PW-15 Sanjay Kumar hired the taxi of the deceased for going to Raipur from Manendragarh. In the night intervening 5th and 6th February, 2010, the deceased returned his home from Raipur and he was offered a glass of milk by the accused/appellant. On drinking the milk, the deceased felt that the taste of milk was bitter and after drinking the milk, he felt restlessness. The deceased made a telephone call to his landlord Ramkishan (PW-11) and Ramkishan Soni (PW-3) and had asked them to come to his house. When the aforesaid persons reached home of the deceased, they were informed by the deceased that after drinking the milk offered by accused/appellant, taste of which was bitter, he is feeling restlessness. The deceased had requested them to take him to the hospital and therefore they immediately took the deceased to the hospital where he died at 6.45 a.m. while undergoing treatment. Intimation regarding death of deceased was sent from the hospital to the police station based on which Merg Intimation (Ex.P-1) was recorded on 6.2.2010. Inquest on the body of deceased was conducted on 6.2.2010 vide Ex.P-9A. Body was sent for post-mortem examination which was conducted by Dr. Suresh Tiwari (PW-20) vide Ex.P-15A. In the opinion of autopsy surgeon, cause of death was asphyxia and he preserved the viscera to find out the cause of death. Viscera and clothes of the deceased were sent for chemical examination to the Forensic Science Laboratory from where report of Ex.P-19 was received in which poisonous substance (Organo Phosphorous Pesticide) was found in Articles-A, C and D i.e. viscera and sample of vomit emitted out by the deceased on his shirt. However, no poisonous substance was found in the solution of viscera and the steel glass in which milk was offered to the deceased. After merg enquiry, FIR (Ex.P-12) was registered against the accused/appellant under Sections 302 and 201 IPC.