BHAIRAV DUTT Vs. STATE

JUDGEMENT

(1.) THIS appeal, under section 374 of the Code of Criminal Procedure, arise out against the judgment and order dated 5-6-2007, passed by Sessions Judge, Bageshwar, in S.T. No. 02 of 2006, cohvictring the ac­cused/appellant Bhairav Dun, U/Ss 307 and 302 I.P.C. and sentencing him to un­dergo seven years R.I. and a fine of Rs. 25,000/- U/S 307 I.P.C. and in default of payment of fine to further undergo S.I. for three months and to undergo life impris­onment U/S 302 I.P.C. and to pay a fine of Rs. 50,000/- and in default of payment of fine to further undergo S.I. for six months. However, all the sentences were to run concurrently.

(2.) THE prosecution story, in brief, is that on 15.10.2005, at about 7.00 P.M. Amba Dutt Joshi, complainant, lodged a written report at Patwari Circle Gagarigoal, Tehsil Garur, District Bageshwar, with the allegations that on 12.10.2005 at his house in village Nargwadi, where his son Harish Chandra lives with his family, after taking break­fast in the noon, all the four members of the family became unconscious and they started vomiting. All the four family mem­bers were brought to Baiznath Health Center, where during treatment, his son Harish Chandra and his grandson Sundar died. His daughter-in-law Smt. Kamla Devi and his granddaughter Meena were referred to Almora Base Hospital for bet­ter treatment. The complainant used to live at Haldwani and after receiving the information he remained busy in the treatment of his daughter-in-law and grand-daughter and other family prob­lems, therefore, it caused delay in lodg­ing the F.I.R. The Patwari, on the basis of written F.I.R., Ext. Ka.l, prepared chick F.I.R. Ext. Ka.25. The I.O. visited the house of the complainant and prepared siteplan Ext. Ka.26. He also took into possession the household items from the house of the deceased and prepared, memo Ext. Ka.27. On 17.11.2005 Smt. Kamla Devi, widow of deceased Harish Chandra handed over a letter to the I.O. and suspected that accused Bhairav Dutt was behind the incident. At this the I.O. started search of accused Bhairav Dutt. On 22.11.2005, at 10.00 A.M. Harish Chandra Joshi, the village watchman brought accused Bhairav Dutt to the Patwari Headquarter. There the I.O. in­terrogated Bhairav Dutt, whereupon Bhairav Dutt confessed his guilt, hence he was arrested vide arrest memo, Ext. Ka.28. Kailash Chandra also informed the I.O. that accused Bhairav Dutt had in­formed him and Amba Dutt that he had administered poison to Harish Chandra and his family members.

(3.) AFTER completion of the investiga­tion the J.O. submitted charge sheet, Ext. Ka.35 against the accused/appellant Bhairav Dutt.