PRAKASHWATI Vs. MANGAL SINGH

JUDGEMENT

(1.) Since the aforesaid criminal revision and the criminal appeal arise out of the common impugned judgment, this judgment shall govern disposal of both the cases.

(2.) In short, the facts of the case are that accused Mangal Singh and Jyotibala, the deceased, were in love and were exchanging letters. Jyotibala was a young girl of about 16-17 years of age and was a student of Class XI of Government Higher Secondary School, Rehti. Mangal Singh was her neighbour. On 19.8.1987, she came back from school earlier than scheduled time. At about 2.00 O'clock, when she was alone in her house, she consumed some poisonous substance (Sulphas). Attempts were made to save her life by administering some drugs, but her condition deteriorated. She was taken to PHC, Rehti, but Dr. N.P. Agrawal (PW-14) referred her to Hamidia Hospital, Bhopal for adequate treatment. She was taken to Hamidia Hospital, but she died. On a report about her death, Police Station Talaiya, Bhopal registered a Murg No. 127/1987. Her dead body was sent for postmortem examination. Dr. D.K. Satpathi, Sr. Forensic Specialist, Medical College, Bhopal conducted postmortem examination and vide his report Ex.P/1 and Ex.P/6 found that she died due to cardio respiratory failure as a result of suspected poisoning. Her viscera was preserved and sent to Forensic Science Laboratory, Sagar. Vide FSL report Ex.P/199 aluminum phosphide (Sulphas) insecticide was detected in viscera.

(3.) In the course of investigation, a number of love letters written by deceased as well as by accused were seized. A letter in the nature of suicide note (Ex.P/35) was also seized from the possession of the mother of deceased which indicated that accused made deceased to write love letters by scaring her that if she did not write letters to him, he would consume poison and also that he would defame her if she did not yield to his wishes. It was also alleged that co-accused Kaliya exhibited letters written by her in front of school and accused Mangal Singh tried to expose her letters to others. Therefore, she committed suicide.