RAJENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Rajendra alias Buddhu was found guilty under Sections 302 and 308, Indian Penal Code read with Section 120-B of the Indian Penal Code for committing murder of his father Tilak Singh by administering poison. However since the trial Court found him to be a child within the meaning of Section 2(4) of the Children Act, consequently instead of giving any sentence he was given benefit of Section 29 of the Children Act and was ordered to be sent to an approved school for a period of two years by the IIIrd Additional Sessions Judge, Mainpuri in Sessions Trial No. 598 of 1977. By the same judgment and order Kalawati was held guilty for the offence under Section 302 read with Section 34 Indian Penal Code as also for the offence under Section 120-B Indian Penal Code and was awarded life sentence and two years' rigorous imprisonment respectively. Both her sentences were directed to run concurrently. Against their conviction and sentence the present appeal has been filed.

(2.) According to the First Information Report lodged on 22-7-1977 at Police Station Kotwali Mainpuri by P.W.4 Natthu Lal, the first informant's father had married twice. Kalawati accused was the second wife who due to some reasons had left her husband Tilak Singh five or six years before the occurrence and had started living at Firozabad. About five or six days prior to the incident Kalawati along with her son Rajendra accused aged 17 or 18 years had come to Tilak Singh when Tilak Singh and Kalawati quarrelled again, while leaving Tilak Singh, Kalawati had said that she would get Tilak Singh finished soon. On 21-7-1977 Rajendra came to Tilak Singh in the evening at about 4 O' clock. He took out the flour for preparing food and thereafter went to the first informant's residence in Mandi Dharm Das. After taking his food with the first informant accused Rajendra again went back to his father Tilak Singh. In the evening his father Tilak Singh prepared chapatis from the same flour. Immediately after eating those chapatis the condition of Tilak Singh became critical. His neighbours Bala Prasad, PW 1, Sarvesh PW 2, Banwari and Rajendra took Tilak Singh to the hospital where he was admitted. In the night at about 10.30 p.m. his father died due to poison. Sarvesh, PW 2 informed the first informant at his residence when the first informant Natthu Lal asked Rajendra how his father died. In the presence of other witnesses Rajendra divulged that his mother Kalawati had given some poison to him in a Pudiya (small packet of paper) with a direction to mix it in the flour of his father and had instructed him not to take any chapati made of that flour; accordingly he had mixed that poison in the flour when he was mixing the flour of his father for preparing chapatis whereafter he had gone to first informant's place to take his food. It was, therefore, certain that the mother of the first informant with a view to kill his father Tilak Singh had got some poison mixed in the flour by Rajendra with the result that after taking chapatis made of the said flour his father had died. The first information report further mentions that the remaining flour as also the chapatis made out of it are still in the room of his father. His father had also vomitted and some vomit was also lying on the spot and it was requested that necessary action should be taken forthwith.

(3.) After the said First Information Report had been recorded and its chik prepared the flour as also the chapatis were recovered. The vomit of the deceased Tilak Singh was also recovered. Necessary recovery memos were prepared whereafter all these things along with viscera were sent for chemical examination. The report of the Chemical Examiner revealed Arsenic poison in the stomach, intestines, liver, kidney and spleen of the deceased as also in the flour, the dough prepared out of that flour as also the earth sample containing the vomit of the deceased. This report was duly proved in the Court by the evidence of C.W.2 Dr. S.K.Harpalani. After completing the investigation the charge sheet was submitted whereafter the accused persons were tried.