VEERAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred by the accused appellant aggrieved by conviction under section 302 of IPC and sentence of Rigorous Imprisonment for life imposed by Second Additional Sessions Judge, Jabalpur in ST No. 405/94.

(2.) THE prosecution case briefly stated is that on 11.9.1993 accused Veeran administered sulphas poison after beating his wife Rekha Bai, due to that her condition became serious, she started vomiting, she was taken to Victoria Hospital, Jabaipur, she died on 12.9.1993 next day of incident. Intimation was given by the compounder of the hospital as to suspicious death of Rekha Bai. A marg was registered under section 174 CrPC. Investigation was made, on investigation it was found that accused administered sulphas poison to his wife Rekha Bai, post mortem was performed, in the post mortem report it was opined that death may be caused due to administration of poison, intestinal fluid and viscera of the deceased was sent for chemical examination, however report of Forensic Science Laboratory in that regard was not filed by the prosecution. The accused was charge sheeted, a charge under section 302 of IPC was framed against him by the trial Court.

(3.) SHRI Alok Tapikar, learned counsel appearing for appellant has submitted that there is absolutely no evidence indicating that it was a case of homicidal death. He has submitted that there is no evidence on record to indicate that it was the accused who administered sulphas poison to deceased Rekha Bai. Cause of death due to consuming of sulphas poison itself has not been established. Report of Forensic Science Laboratory of chemical examination of viscera has not been produced. Other evidence on record is in conflict with the prosecution case which indicate that accused throttled the neck of the deceased Rekha Bai, however, that had not been found to be the cause of death in the post mortem report. There being no cogent evidence on record the appellant ought to have been acquitted.