BHADUR SINGH Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) In the Sessions Trial No. 59/2000, three accused persons namely Bhadur Singh (A1), Rajan Singh (A2) and Parveen Singh (A3) were tried for the offences under Section 323, 328, 302 IPC and 3(2)(v) of the S.C./S.T. Act. The crime pertains to the Police Station Bageshwar. The Trial culminated into the acquittal of A1 and A2, while A3 was found guilty for the offence of Section 304 and 328 IPC as well as 3(2)(v) of the S.C./S.T. Act.

(2.) The deceased Ramesh Ram was a school going boy, aged about 15 years. In the morning of 07.05.1999, he went to appear in the examination in his school, which was not far and even visible from his home. In the noon, all the children of the village returned to the home, but deceased did not. So, worried grandmother of the deceased went in search of her grandson. She (Smt. Kamla Devi, PW1) found Ramesh Ram lying on the ground at some distance between the home and the school. He was drifting in and out of consciousness. Froth was emanating from his mouth. So, he was got shifted to the house, where he disclosed in the gabbling sound that the accused Bhadur Singh gave him potatoes to eat.

(3.) It can pertinently be noted that this convict Bhadur Singh has a shop to serve the tea and boiled potatoes. After eating the potatoes, deceased Ramesh Ram felt giddy and moving ahead few paces, fell down on the earth. So, it was apprehended that some poisonous substance has been administered by the appellant to the child along with boil potatoes.