STATE OF ORISSA Vs. KAUSHALYA DEI

JUDGEMENT

(1.) THE respondent has been acquitted of a charge under Section 302, I. P. C. The prosecution case is as follows: She was married to the deceased 3 years before. They were quarrelling at times on domestic affairs. The deceased sometimes threatened to kill the accused. Their own house was under construction. They were staying in a portion of the house of Ganeswar Patra (P. W. 5) in separate apartment. Pravakar Patra, the minor brother of the accused, aged about 10 years, was residing with them. On the night of the 11th March 1962 the accused served wet rice (Pakhal) and potato chatni to the deceased. The chatni tested bitter. The deceased took only 2 to 3 mouthful of rice with the chatni and, on suspicion of poisoning, did not take further food. The: residue of the chatni was taken by him on a Sal leaf to his uncle Kanhei Patra (P. W. 7) and P. W. 5, the father of P. W. 7. He complained to them that the accused served the chatni which tasted bitter. The residue of the chatni was kept in the custody of P. W. 7. Next morning, the accused went away to her father's village at Amarda in the company of her brother. The deceased followed his wife sometime after and reached Amarda at about 11 A. M. He complained to his father-in-law Bishnu Patra (P. W. 3) and P. W. 2 Suresh Patra and P. W. 10 Ratho Patra, neighbours of P. W. 3, that the accused served him chatni previous night which tasted bitter. On the 12th march 1962 the deceased had vomiting. P. W. 3 approached the doctor (P. W. 1) of amarda Dispensary, which is at a distance of half a mile, to come to his house for the treatment of his son-in-law. P. W. 1 did not come and advised P. W. 3 to bring his son-in-law to the dispensary. In the morning of 13th March 1962 P. W. 3 took the deceased to the Amarda dispensary. The deceased narrated to P. W. 1 in the presence of others the same story as to how his wife served him with chatni which tasted bitter, P. W. 1 noted the statement in the outdoor Patient Register (Ex. 6), did the stomach washing and gave some preliminary treatment and sent a report (Ex. 1) to the Muruda P. S. On the advice of P. W. 1 the deceased was taken to the muruda hospital for better treatment where he died on 14-3-62 at 5. 30 P. M. The report sent by P. W. 1 to Muruda P. S. on 13-3-62 at 8 P. M. was treated as F. I. R. (Ex. 1) under Section 328 I. P. C. To the junior S. I. , Ganesh Panda (since dead), who was in charge of investigation, p. W. 7 handed over the chatni on 14-3-62. He also seized the grinding stone with pestle and some oleander seeds from the house of the deceased, The doctor P. W. 6 conducted the post-mortem examination on 15-3-62 and the viscera was preserved. The S. I. (P. W. 14) took charge of the investigation under Section 302 i. P. C. on 16-3-62. The grinding stone with pestle, the chatni, the two oleander seeds and the viscera were sent for chemical examination. On chemical test, oleander was detected in the viscera of the deceased, in the chatni and in the washing of the grinding stone.

(2.) IN. her examination under Section 342 Cr. P. C. the respondent took the defence that she did not serve food to her husband on the night of 11-3-1962, did not mix oleander seeds in the chatni and that her husband had taken liquor and quarreled with her as there was delay in cooking meals. He threatened her that he would take poison and falsely implicate her. So out of fear, she left the house in the morning. She was pulling on well with her husband who did not beat her at any time. She denied the fact that her husband had vomitting.

(3.) THE learned Sessions Judge gave benefit of doubt and acquitted the respondent on the following grounds: