NARAYANI DASI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against conviction under section 307 of the indian Penal Code.

(2.) THE prosecution case is as follows : The deceased Dulal chowkidar had some love intrigues with the appellant Narayani Dasi wife of niranjan Sardar of village Dakshin joy krishnapore. Dulal's marriage was arranged by his mother. Shortly before this in the night of 27th Magh 1366 B. S. , the appellant offered Dulal some sweets. Taking the sweets Dulal felt uneasy and when he complained about it the appellant replied, this was the last meal she was giving him and the last meal he was to take. Dulal slept after food in the verandah of his house that night but began to feel a burning sensation in his heart, and started vomiting. A homeopathic doctor was called to whom he stated that he had Rasamundi offered by the appellant and since then felt uneasy. He told this to many relations and neighbours who came on the spot and thereafter he was taken to the hospital where he made similar statement to the doctors. He was in the hospital upto 14th and doctors found him cured. He came back home on the 17th but died thereafter. On chemical examination of his viscera arsenic poison was found.

(3.) THE defence is plea of innocence. The post-mortem report read with the report of the chemical examiner disclosed the presence of arsenic in viscera. In the hospital also he complained that he was given some sweets by the appellant and after taking that sweet he felt uneasy and vomiting started. In the hospital also he was treated for poison and after a few days' treatment he was found to be recovering. The doctor recommended him liquid diet but unfortunately he was given solid diet which resulted in setback and ultimately he died. The death therefore is not due to poisoning but due to maltreatment, but then the evidence disclosed that poison was administered to him which necessitated his removal to hospital and treatment.