SANTOSHKUMAR JAGMOHAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal against an order of conviction by the Additional Sessions Judge, Datia, in Sessions Trial No. 75 of 1976 convicting the appellant under section 304 and 328 of the Indian Penal Code and sentencing him to three years' rigorous imprisonment on each count with the direction to run the sentences concurrently, given through judgment dated 22 -1 -1977.

(2.) THIS is a case causing the death of Guddan son of Mahabir Prasad and causing hurt of several persons by means of poisoning the milk. Accused Santosh Kumar and Shankar Prasad have been charged under section 304 read with section 34, I.P.C. and section 328 read with section 34, I.P.C. but only Santosh Kumar has been convicted as mentioned above, while the other accused has been acquitted of the charges.

(3.) ACCORDING to the prosecution on 20 -11 -1974, Ramkishan ( PW 7) came as usual with the two milk cans on his cycle at the Octroi post and gave the milk first to the daughter of Raghubir Sharan (PW 2) and then to Anwar son of Allu. The time of distributing milk was at about 7.00 am. Thereafter both the accused Santoshkumar and Shankar came with their servant to Ramkishan (PW 7) and asked for milk. But the mikman stated his inability to supply it due to shortage. Accused Shankar insisted that he will have to supply the milk. So, Ramkishan (PW 7) supplied him I kilogram of milk and in the meantime accused Santosh dipped his hand in the milk can, The accused thus got a chance to drop a small bottle containing Endrine poison, in the milk can. Therefore, Ramkishan (P W 7) distributed the milk to Luxmibai Maton (PW 8) and other persons in the Police Lines and at his Tigelia shop from the same milk can. Due to this milk poisoning, constable Suryanarayan Dubey, his daughter Manish Kumari, Babli daughter of Mahesh Singh, Constable Mahesh Singh, Munni, daughter of Mahavir Prasad of Holipura, Datia, Manoj son of Mahabir Prasad of Holipura, Datia, Shila Devi wife of Tulshidas Dubey, Holipura, Datia, Tulsidas son of Kalikaprasad of Holipura, Datia Ramsingh Raghubanshi c/o Police Prosecutor Datia and Guddan son of Mahabir Prasad fell seriously ill and Guddan died in the hospital. When so may persons were admitted in the hospital for treatment due to this poisoning, Dr. R. S Singh [PW 13] sent the report to S. O. Kotwali, Datia, Ex. P/6 report is written and signed by Dr. R S. Singh [P N 13]. Ramkumar Chansoriya, S. O. Kotwali, Datia [PW 10] received this report and he registered a case under section 326 and 328, I.P.C The first information report is Ex. P. 7. He entrusted the investigation of the case to Shri M. C. Mishra, Sub -Inspector [PW. 14]. After investigation R. K. Chansoriya, S O. (PW 10) challaned the accused persons under section 326, 328 and 302 read with section 34, I.P.C. the learned Sessions Judge, Gwalior transferred the case to the learned Additional Sessions Judge, Datia who decided the matter.