STATE OF U P Vs. CHHEDANA

JUDGEMENT

(1.) This State appeal is directed against the judgement and order dated 26-5-1978 passed by Shri J.P. Saxena, the then Sessions Judge, Rae Bareli whereby the accused-respondent Shrimati Chhedana was acquitted of the charge under S.302 of the Penal Code in Sessions Trial No. 213 of 1977 State v. Shrimati Chhedana.

(2.) The victim of the crime was one Panna Lal Kurmi resident of village Sahgon Purabgaon, Police Station Shivgarh, district Rae Bareli. He was aged about 40 years at the time of his alleged murder. The prosecution case was that Shrimati Chhedana resident of the same village was married to one Sohan Lal resident of village Buwayya at a distance of a few miles from the village Sahgon Purabgaon but she was having illicit relations with the deceased Panna Lal and for that reason she did not go to her in-laws and continued to live with her father. She maintained her illicit relationship with deceased Panna Lal and used to frequently go to the house of Panna Lal and on occasions would stay with him during nights. Panna Lal himself was a married person, his wife living with him in his house and his daughter having already been married off outside the village before the occurrence.

(3.) According to the prosecution case, in the night between 23rd and 24th May, 1975 Shrimati Chhedana came to the house of the deceased Panna Lal and both of them were closeted in the outer room of the house. Shrimati Chhedana is said to have prepared tea around 10 O'clock and served it to the deceased. Panna Lal is said to have taken some tea but complained to the accused respondent that there was bad smell in the tea. She, however, gave out that there was no such bad smell in the cup in which she was taking tea and. after some time she enquired about the reaction of the tea and when the deceased told her that he was feeling bad and uncomfortable she managed to run away. Soon thereafter the deceased vomited and started groaning and moaning. The wife of the deceased, his married daughter who had come to them a day earlier and other persons immediately rushed near the deceased and found his condition deteriorating. He was unable to speak. A local doctor was called between 3 and 4 a.m. who advised that the victim was in bad shape and he should be taken to a hospital. Arrangements were being made for taking the deceased to the hospital. Meanwhile he breathed his last.