SUNDAR SINGH PATHARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) APPELLANT-SUNDAR Singh Pathari stands convicted under section 302 I. . P. C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 200/- in default of payment of fine to further undergo R. I. for 1 month, by the additional Sessions Judge (FTC), kawardha in Sessions Trial No. 37/2001 on 28. 10. 2002 for committing murder of a 10 years boy namely-Vijay Kumar.

(2.) THE brief facts are that on 31. 12. 2000 at about 10-11 a. m. , Vijay Kumar came to his house, laid down on the cot and started weeping. When he was asked by the mother, rambati Bai (PW-3), father, Sitaram (PW-2), he made an oral dying declaration that when he had gone to bring mouth sticks (Datoon) in the fields, the appellant met him and he forcibly made him to eat some substance, which he has eaten. At that time many other persons namely Sriram (PW-1), (uncle of the deceased), Kalyan (PW-4) and tihari etc. were also present. Sitaram sent his brother Ramsudhar (PW-6) to call the appellant. Ramsudhar went to the house of the appellant but the son of the appellant told that by that time, his father had gone towards village Andhrikachar, therefore, he could not be called upon. Vijay died after 15-20 minutes of making the dying declaration.

(3.) THE matter was reported to the police station Bodla by uncle of the deceased, sriram (PW-1), on which, a merg intimation (Ex.-P/1)was recorded. The Investigating Officer reached to the scene of occurrence on 1. 1. 2001, and prepared inquest (Ex.-P/2) on the body of the deceased. The dead body of the deceased was sent for its postmortem to C. H. C. Bodla under Ex.-P/7, where the postmortem examination was conducted by Dr. Ashok Sambharkar (PW-10), who prepared his report Ex.-P/8. He found that the eyes of the deceased were reddish and froth was coming from mouth and nostrils. On internal examination, he found that lungs were rosy having black spots at many places. Intestinal membrane was congested and reddish, mouth and esophagus were full of froth, stomach was empty and there was swelling in large intestine. He opined that the cause of death was asphyxia, which may be due to poisoning. For confirmation, he prepared two samples of pieces of viscera, and handed over the same in sealed condition to the concerned police. Thereafter, the First Information Report, ex.-P/8-A was registered. Two sealed bottles containing pieces of viscera alongwith one sealed bottle containing the preservative were seized by the police under Ex.-P/6 and were sent for their chemical examination to forensic Science Laboratory, Sagar, from where a report Ex.-P/9 was received. According to F. S. L. report, the pieces of viscera were containing poison, Zinc Phosphide (a common rat killer ).