KISHUN BEDIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) AGGRIEVED by his conviction, the appellant has preferred this appeal against the judgment dated 15-5-1998 of the learned Sessions Judge, Panna in Sessions Trial No. 58/1997, by which, the learned Sessions Judge has convicted the appellant for an offence punishable under Section 302, IPC and sentenced him to imprisonment for life and fine of Rs. 1,000/-; in default of payment of fine, to serve out additional Rigorous Imprisonment for 1 year.

(2.) THE facts of the prosecution case lie in a narrow compass. It is alleged that deceased Sushila Bai alongwith her mother-in-law Noni Bai had gone to Village Hindoria for treatment of Noni Bai and had returned from there on 13-3-97. While they were returning to their village, the accused gave two betels to Sushila Bai (deceased) stating that she may have one and the other one was for her husband Kishori Lal. Sushila Bai consumed one, but while she was on way, she fell sick and consumed another. In the village her condition started deteriorating and she was taken to the hospital where her stomach was washed by the attending doctor, Dr. L. K. Tiwari (P. W. 9), who prepared the medical report (Ex. P-11) in which he mentioned that she had been kept as an indoor patient in the hospital and on the basis of her condition, she was discharged on 8-4-97 in the evening. Since no mode of conveyance was available on that date, she went by bus the next day but enroute, her condition worsened with the result when they were taking her in a bullock cart, she died.

(3.) HER death was reported by Kishori Lal and merg was registered vide Ex. P-4 at Police Station, Simriya. The witnesses were called and inquest report was prepared. Spot map (Ex. D-2) was prepared and, thereafter, the dead body was forwarded with the requisition (Ex. P-17) for post-mortem examination. The Autopsy Surgeon Dr. D. K. Tiwari (P. W. 13), vide his report (Ex. P-21) opined to the effect that her death could have been homicidal. The viscera of the deceased was forwarded to the Forensic Science Laboratory from where report (Ex. P-16) was received to the effect that although the stomach washing, marked as 'd', did not contain any poison, the viscera contained toxic substance namely; Arsenic Oxide. After collection of evidence, the accused was prosecuted.