GAIDALAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A. Kumar, learned counsel for the appellant and learned A.G.A. for the State.

(2.) The accused Gainda Lal has been convicted vide judgment and order dated 7.4.1981 passed by Xth Additional Sessions Judge, Etah in Session Trial No. 534 of 1978, State v. Gainda Lal, under Section 328, I.P.C. and sentenced to undergo 4 years R.I.

(3.) The occurrence is alleged to have taken place on 20.9.1973 and first information report was registered on 21.9.1973 at 1.30 A.M. by PW-1 Ram Devi, wife of Dan Sahai. She is resident of Barhunagar, Mohalla Nabab, Kasganj, District Etah. Dan Sahai PW-3 is her husband. On the date and time of occurrence Buddhsen and Khacher Mal, who are relatives of first informant, arrived at her house for purchasing donkeys from the 'Mela' of Sahawar and stayed at her house. She was preparing Dal of Masoor and while Dal was kept on fire, she was lying with her small child. Accused Gainda Lal is alleged to have arrived at her house and asked the first informant as to what was she cooking ? The accused went to see whether the fire was lighted properly or not. He had gone to the place where Dal was being cooked. After having dinner, her relatives and other family members, started feeling giddy and began to vomit. The condition of Kishori, Nanku, children of first informant and Khacheru Mal started deteriorating. All the persons who were ill after consuming Dal were taken to the doctor and were examined by Dr. D.R. Pahuja l/c Medical Officer, P.H.C. Kasganj, Etah. Medical reports are quoted below : Dan Sahai was examined by Dr. D.R. Pahuja, M.O. l/c P.H.C. Kasganj, Etah. on 21.9.1973 at 3:15 a.m. B/B Constable Hub Lal C.P. No. 26. M.O.I.: A white circular patch 15 cm below lower angle of left shoulder blade on left back lower part inner side. History : There is history of having taken pulses at night. Immediately he felt a bitter taste in his mouth & his mouth and his throat become very dry. He could not swallow. The skin is flushed dry and hot. There is 103 of Tem. with full & bounding pulse. Injury is suffered. There is dilatation of pupil & pupils do not react to light & accommodation. He cannot see properly sometimes he sees double (Diplopia). He felt server pain in his belly & vomited out. He is very restless, uncontrollable cannot stand stood or walk. His gait is staggering. He is metally confused. He picks up imaginary threads from the tip of his finger....(paper torn) & picks up bed clothes. His talk is irrelevant. He goes on muttering inaudible words. He is very violent & noisy. Provisional diagnosis : Poisoning? Dhatura? Treatment :