STATE OF M.P. Vs. RAMDEO

JUDGEMENT

(1.) THIS is State appeal under section 378 CrPC against the judgment by which respondents Ramdeo and Babulal have been acquitted of the charge under section 328 IPC.

(2.) THE prosecution case was that on 23.1.1984 at 8.45 p.m., Bachchulal (PW1) while he was travelling in railway compartment, the accused persons came close to his seat and started talking to him. Accused Babulal gave a Pan to him. He started feeling uncomfortable after taking the Pan. There was poisonous substance (Dhatura) in it. He complained to Kishan Chand (PW 2). Accused Babulal was caught hold of by the passengers in the train. Accused Ramdeo slipped away. The matter was reported to the police. It is unfortunate that Bachchulal (PW 1), to whom the poison is said to have been administered, has not supported the prosecution. He refused to identify the accused persons at the time of his evidence in the Court. He does not say that accused Babulal gave the Pan to him. He does not say anything against accused Ramdeo also. So is the case of Kisan Chand who has been declared hostile. Thus, the two main witnesses of the prosecution have not supported this case. The other evidence has been perused by this Court. That evidence is also of infirm nature. That does not establish that the accused persons administered poison to Bachchulal (PW I). The trial Court has rightly acquitted the appellants of the charge u/s 328 IPC. The appeal is dismissed.