STATE OF MADHYA PRADESH Vs. DASHRATH PRASAD

JUDGEMENT

(1.) This appeal is directed against acquittal of accused for offence under Section 302/34 Indian Penal Code by order dated 28/08/1989 in Sessions Trial No. 79 of 1987 by Additional Sessions Judge, Umaria.

(2.) Briefly, prosecution version is that accused Rishiram is brother of Mst. Gayabai and brother-in-law of Dashrath Prasad. He belongs to village Maudaha (Satna) to which complainant party belongs. Deceased Raj Kumar alias Pappu is relation of Amritlal Gupta (P.W. 1) and Cheedilal (P.W. 3). Brother of Rishiram contested Panchayat election in which Badri Prasad was defeated. Stocks were burnt and stones pelted at his house and Badri Prasad threatened breaking of their Heads. According to the prosecution, this was the motive for the accused to poison the deceased. On 21-9-1986, deceased, Ram Naresh Pathak and other students had gone to Beohari for submission of examination forms. For the night, he stayed at Beohari with Mahendra Prasad Gupta. On 23-9-1986 when he was returning home along with some students, he came across Rishiram who requested him for filling his form also. Accordingly, deceased stayed at Beohari with Rishiram. Thereafter on 24-9-1986, they went to Damoi Railway Station after depositing the form. There they met Ganesh Prasad (P. W. 6). Thereafter, both of them came to the house of accused Dashrath Prasad since they could not get transport for the village of Rishiram. During the night of occurrence, deceased, Dashrath Prasad and Rishiram took their meals together, prepared and served by Mst. Gayabai. For the night, Dashrath Prasad and Rishiram slept on one charpai and the deceased on the other. At about 2.30 a.m. sound of loud gurgling (Gadgadahat) was noticed from the throat of the deceased. Dashrath Prasad got up and thought that the deceased was dreaming. He called the deceased and asked whether he was feeling scared. Thereafter the sound stopped whereupon Dashrath Prasad thought that the deceased may be sleeping. In the morning, Dashrath Prasad, after answering call of nature, awoke Rishiram and started awaking the deceased but he did not awake. He was found dead. Number of persons from the village collected and saw the dead body of the deceased. Rishiram went to village Maudaha with Udaibhan to inform the family members of the deceased about his demise and call them to village Damoi.

(3.) Incident was reported at Police Station located at 7 Kms. away by Dashrath Prasad on 25-9-1986 at 9.00 a.m. whereupon Station House Officer Amarjit Singh (PW 8) recorded morgue report and sent to the spot for preparation of map, recording of statements and preparation of inquest. Nails and palm of the deceased were found bluish. The dead body was taken for autopsy to Primary Health Centre, Manpur through Constable Shivkaran Singh. Dr. M.D. Shukla (P.W. 13) conducted post-mortem examination of the dead body. He noticed absence of ligature marks. Though nose and mouth, froth mixed with blood was coming. Eyes and mouth were found shut while tongue protruding. He did not find any external injuries, body was healthy. In the wind pipe, there existed froth and blood while right ventricle was filled with blood, left empty. In the stomach, there existed some digested food etc. Viscera was taken for examination by Forensic Science Laboratory, Sagar, sent through Police. Dr. M.D. Shukla could not point out definitely the cause of death though it is stated that death was caused between 22-48 hours. Report from Chemical Examiner was given to Dr. M.D. Shukla. After examining the same, he opined that the cause of death was consumption of ethyl alcohol without any break found to the extent of 136 m.g. On completion of investigation, challan was filed before the Committing Magistrate who committed the accused for trial to the Sessions Court. Accused denied commission of offence, therefore, trial proceeded.