STATE OF MADHYA PRADESH Vs. RANDHEER SINGH

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 30.1.1995 passed in ST No.109/1993 by the First Additional Sessions Judge, Tikamgarh by which the respondents were acquitted from the charges of offence punishable under Sections 328/34 and 201 of IPC.

(2.) THE prosecution case, in short, is that on 14.4.1993 Sundar S/o Shri Kumhar aged 7 years and Jabbu S/o Shri Kumhar aged 4 years expired in the night due to consumption of some poisonous substance. One Malkhan with the help of Kotwar Sirnam was sent to the police station to lodge an FIR. They informed to the police station that the boys died due to cholera, and therefore the SHO of that police station permitted for their burial. The dead bodies of those children were buried accordingly. After sometime, it was found that the respondent Sitaram brought tablets of celphos and provided such tablets to the respondent Gomti Bai, who administered that poison to her children in some edible. A Panchayat took place in the adjacent village and it was directed by some Panchas that the respondents shall go to take a dip in the holy river Ganga. Kamta Prasad (PW-5) had lodged an FIR (merg intimation) Ex.P-3 in writing to the police station Prathvipur where it was recorded at the document Ex.P-2. With the permission of the SDM concerned, graves of the boys were dug and remainings of their bodies were sent for the postmortem. Dr.M.S.Rawat (PW-9) gave his report Ex.P-15 and P-17 after the examination. He found that both the children died due to consumption of some poisonous substance, and therefore viscera was preserved and sent for forensic science analysis. After due investigation, a charge sheet was submitted before the JMFC Niwadi, who committed the case to the Sessions Court, Tikamgarh and ultimately it was transferred to the First Additional Sessions Judge, Tikamgarh.

(3.) I have heard the learned counsel for the parties at length.