IRFAN ALI Vs. STATE

JUDGEMENT

(1.) IRFAN Ali, applicant in revision No. 1166 of 1964 and Smt. Lareti, applicant in revision No. 1181 of 1964 who were tried together by the Assistant Sessions Judge, Bareilly, were convicted under Section 120b, I. P. C. read with Section 328, I. P. C. and Smt. Lareti was further convicted under Sec. 328, I. P. C. simpliciter. Irfan Ali was sentenced to two years rigorous imprisonment on the charge against him and Smt. Lareti was sentenced to two years' simple imprisonment on each of the two charges for which she was convicted. The sentences imposed upon Smt. Lareti were, however, directed to run concurrently. The applicants appealed against the convictions and sentences, but their appeals were dismissed by the Civil and Sessions Judge Bareilly-Bijnor. Thereupon they came up in revision to this Court.

(2.) BRIEFLY stated the prosecution case was as follows: In 1959, when the offences were said to have been committed, both the applicants were in the employ of Sri Ashwini Kumar, 1. A. Section who was at that time posted as District Magistrate, Bareilly. Smt. Lareti was employed as an Aya and Irfan Ali as a motor driver. The applicants had grown intimate with each other and had eventually developed illicit relations. One Puran was also in the service of Sri Aswini Kumar at that time as a cook. These three persons and one Ali Husain, orderly, lived in the outhouses attached to Sri Ashwini Kumar's residence, Banney, a cousin of Irfan Ali, also used to live with Irfan Ali, and since he was out of employment in those days, the applicants were anxious to oust Puran and have Banney appointed as a cook instead. To achieve this object they spread a rumour that Puran had illicit relations with Ali Husain's married daughter, who was staying with Ali Husain. Later, it so happened once that Puran chanced to see the two applicants, Smt. Lareti and Irfan Ali, in a compromising position inside the motor garage of Sri Ashwini Kumar. He started telling people about what he had seen, with the result that the matter became the subject of common talk and the applicants got apprehensive that it may reach the ears of Sri Ashwini Kumar and lead to unpleasant consequences. The applicants, therefore, became very keen on getting Puran turned out of the service of Sri Ashwini Kumar. With that end in view Smt. Lareti dropped some pieces of salt in the Dal cooked by Puran one day so that Sri Aswini Kumar and his wife may feel annoyed and dissatisfied with Puran. Since this did not have the desired effect the applicants entered into a conspiracy to mix Dhatura in the food prepared by Puran for the members of Sri Aswini Kumar's family so that Puran may be finally turned out. In prosecution of that conspiracy Smt. Lareti managed to mix Dhatura in the food which was served by Puran for Sri Aswani Kumar and Smt. Aswini Kumar on the night of 3rd May 1959. That day Sri Aswini Kumar had gone to Nainital with the Commissioner and returned to his residence late. The food was laid for him and his wife at about 10 or 10. 30 P. M. and one of the items of the food was cooked brinjal vegetable. Sri Aswini Kumar had no appetite and he, therefore, took only some soup and just a little of two other vegetables but did not eat the brinjal vegetable at all. Smt. Ashwini Kumar, however, had her dinner as usual and ate the brinjal vegetable as well. After about an hour Smt. Ashwini Kumar began feeling unwell and when her condition showed deterioration Dr. Miss A. W. Dukley Medical Superintendent of the Dufferin Hospital, Bareilly and, later, the Civil Surgeon, Dr. C. S. D. Misra, were sent for. As the Doctors suspected it to be a case of Dhatura poisoning the stomach of Smt. Ashwini Kumar was washed and the stomach wash was duly preserved and sealed for examination. Smt. Ashwini Kumar recovered after treatment for a few days. The Civil Surgeon made a formal report about the matter to District Magistrate who forwarded it to the Deputy Superintendent of Police, and the latter ordered registration of a case and investigation. The Circle Inspector of Police started the investigation but later it was taken up by the Criminal Investigation Department. The stomach wash was sent for examination to the Chemical Examiner, Agra, who reported that Dhatura was detected therein. Smt. Lareti and Irfan Ali were taken under arrest in the night intervening 21st and 22nd May, 1959. On 28th May, 1959, at the pointing out of Irfan Ali, the investigating Officer recovered roots, stems and one dry fruit of a plant from a place within the limits of Sri Ashwini Kumar's residence and a stone from his motor garage. These articles were also sent for examination to the Chemical Examiner, Agra, who reported that the roots, stems and the fruits were identified to be of Dhatura plant and that Dhatura was detected on the stone. On 1st June 1959 Smt. Lareti made a confession which was recorded by a Magistrate in jail. After the completion of the investigation the applicants were sent up for trial.

(3.) IRIAN Ali pleaded not guilty. Smt. Lareti, in her statement in the committal proceedings, admitted guilt, accepted the correctness of all the facts alleged against her by the prosecution including the administration of Dhatura and acknowledged having made the confession recorded in jail; but, at the trial, she, pleaded not guilty, repudiated the allegations made against her and, with regard to her confession, stated that she had made it as directed (meaning, presumably, as directed by the police) because her daughter was seriously ill and she was assured that she would be let off if she did so. The Courts below found the charge of criminal conspiracy to administer Dhatura poison proved against the applicants and the charge of actual administration of the poison proved against Smt. Lareti. As was but natural in a case of this kind, there was no direct evidence in proof of the offences with which applicants were charged. The case of the prosecution rested on evidence of motive, some items of circumstantial evidence including the evidence of conduct of the applicants and the recoveries made at the instance of Irfan Ali, and the confessional statements made by Smt. Lareti. The courts below accepted the entire prosecution evidence and also held that the confessional statements of Smt. Lareti were voluntary and true.