HARIBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) It is an appeal against the finding of holding the accused appellants guilty for committing offences punishable under Section 302 and 307, read with Section 34 of the IPC, and sentencing them each to imprisonment for life and rigorous imprisonment for 5 years respectively. Jail sentences awarded to both of the accused appellants have been ordered to run concurrently.

(2.) Prosecution case is that relations between Hari Bai and her husband, Bhaiyalal, were not cordial and therefore, Hari Bai was staying in her parents house, at village Sadwa. A Panchayat was thereafter convened and Bhaiyalal executed an agreement (Ex-P/1), that he would not ill-treat his wife, Hari Bai, and that Hari Bai would be brought by his uncle Mohania (PW/1), to the house of Bhaiyalal. In terms of the said agreement, Hari Bai was brought to the house of Bhaiyalal only about eight days earlier than 17-3-85, which is the date of the present incident.

(3.) According to Prosecution Bhaiyalal and Kallu Bai had gone to do manual labour in village Panagar, Police Station Bijawar, where they used to reside. Father of Bhaiyalal viz., Ratua had gone, on 17-3-85, to village Gulganj and had returned on the same date. Hari Bai served meals to Ratua and Kallu Bai (PW/2), in the evening, on 17-3-85. After doing manual labour Bhaiyalal (PW/14) also returned to his house and meal was served to him also. On taking dal, Kallu Bai started vomitting. Bhaiyalal also found that the taste of the said dal was bitter. Thereupon he did not eat the said dal and complained that the taste of the said dal was bitter. Co-accused Milla Bai took the bowl in which the said dal was served to Bhaiyalal and threw it at the place where utensils were washed in the house of Bhaiyalal. Soon thereafter Bhaiyalal also started feeling giddy. He complained that Hari Bai had mixed some poisonous substance in his meals.