LAXMI NARAYAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal arises out of the Judgment dated 25th August, 1987 delivered by the Second Additional Sessions judge, Ratlam in S.T.No.68 of 85 thereby holding the appellants guilty of offence punishable under S. 302 read with S.34 I.P .C. and sentencing them to imprisonment for life with fine of Rs.1,000/ - each and in default of payment of fine, further sentencing the appellants to undergo R.I. for one year.

(2.) THE appellant No.3 Kaniram s/o Tekaji died during the pendency of this appeal. The prosecution case, stated in brief, was that on 25th April, 1985 around 9 p.m. the appellants took away with them deceased Ranchhod under the pretext of offering him a cup of tea to a dilapidated house. Where he was offered tea and it is alleged that it was mixed with some poison. Having offered tea the accused persons left the place leaving behind Ranchhod. He was found lying there by witness Ganpatlal (P.W.11) who informed his relations. Vishram (P.W. 10) brother of Ranchhod came there and took him home. Dr. Garg from Bilpak was called, who gave two injections to Ranchhod. Thereafter he was rushed to P.H.C.Bilpak wherefrom he was transferred to the Civil Hospital, Ratlam. It was the Medical Officer who informed the Police, Station Road Ratlam about a suspected case of poisioning. Abdul Rashid Khan (P.W.14) S.I. held a preliminary enquiry. In the meanwhile dying declaration of Ranchhod was recorded by the Naib Tahsildar Shri Jagdishchandra Joshi (P.W.4). Ranchhod succumed the poision on the 27 -4 -85. An inquest was prepared and his dead body was sent for postmortem examination. The postmortem report is Ex. P1. The viscera, which was preserved, was sent for chemical examination. Ex. P -14 is the report received from the Forensic Science Laboratory. As per the report of the Chemical Examiner the viscera was found to contain Organophosphorous Pesticide.

(3.) On completion of investigation the accused were charged and prosecuted for the above offence. The trial Court while acquitting accused Dula s/o Balaji and Sobharam s/o Nanuram of the aforesaid charges, held the present appellants guilty of offence punishable under S. 302 read with S. 34 IPC and sentenced them to life imprisonment as already noted above. Hence, this appeal.