STATE OF M P Vs. RAMSWAROOP YADAV

JUDGEMENT

(1.) THIS appeal is filed against acquittal of respondent Ramswaroop Yadav by the Court of Shri P.C. Agrawal, Sessions Judge, Morena, in Sessions Trial No. 814/86.

(2.) ACCORDING to the prosecution, the respondent was a Teacher in Government School in Morena and he was transferred in the year 1985. Laxmi Narayan Sharma is the Principal of the School and is brother of Shiv Shankar, the father of deceased Vishnu Shankar. Accused has illwill towards Shiv Shankar alias Shivram as he thought that he was responsible for his transfer.

(3.) DR . D.S. Badkur (PW 8) after performing the post-mortem preserved viscera and sent it for chemical examination. Forensic Laboratory Test Report is filed on record. In the viscera, ethyl alcohol and furfuraldehyde was found in the stomach of the deceased. There is no evidence on record that the respondent had mixed poison in the said Somasa before offering the same to deceased Vishnu Shankar. Even otherwise, there is no evidence regarding administering of ethyl alcohol to the deceased by respondent. It is admitted that alcohol was found in the stomach of deceased. There is no evidence on record to demonstrate that ethyl alcohol was administered by the respondent to the deceased. In the absence of proof of administering poison found in the viscera i.e., ethyl alcohol and furfuraldehyde, it cannot be said that poison was administered by the respondent. It is stated that said Samosa were purchased from the Bus Stand from a shop and was given to the deceased for eating. PW 15 Dilshad has deposed that deceased boarded his Rickshaw at Railway Station, Morena, and the boy told him to take him to Ganeshpura. Boy was under intoxication and his condition was not good. He was unable to walk and unable to stand. While he was being taken to his house, he vomited on the way to his house and when he got down from Rickshaw, he fell on the ground. On seeing his condition by his family members, the family members requested him to take the boy to the hospital. Then he took him to the hospital alongwith the family members. There is no evidence by this witness that Samosa was offered on the way to deceased Vishnu Shankar by respondent. In para 3 of his cross-examination, this witness has further stated that the boy stopped at the liquor shop and shouted, but no one came out of the shop. Then he again sat in the Rickshaw and went to his house. Complete case of prosecution has been demolished by PW 15 Dilshad. Prosecution story of offering Samosa by the respondent is not established. It is the case of prosecution that deceased was offered Samosa at Bus Stand and immediately after reaching home, he fell sick and he was admitted in hospital and died. On the contrary, PW 6 has deposed that the deceased has told him that the respondent tried to push him under a Truck near Dholpur. Thereafter, he had suspicion about the respondent, therefore, he walked upto Hetampur and then boarded the Bus and reached Morena. Thereafter, the respondent again met the deceased at Bus Stand Morena and he offered him Samosa, but this is not proved by the prosecution. On the other hand, the evidence is that the deceased boarded for his house from Railway Station, Morena, and the respondent was seen with deceased at Dholpur. Even then prosecution's contention is that deceased and respondent went together to Dholpur. Bhure Singh (PW 12) has deposed that both of them, the respondent and the deceased, had boarded morning Bus from Dholpur to Morena. Therefore, the prosecution story that deceased walked from Dholpur to Hetampur is also not established. From the overall evidence on record, we find that the prosecution has failed to prove its case.