ARUNDHATI KEUTUNI Vs. STATE

JUDGEMENT

(1.) ARUNDHATI has been convicted under Section 302, Penal Code and Maharagu Keut under Sections 302/109, Penal Code. Each one of them has been sentenced to R. I. for life.

(2.) ARUNDHATI is the widow of deceased Nisakar Naik. Two days prior to the date of occurrence (3.6.1964) Nisakar and Arundhati shifted to one of the rooms of Narayan Sanabada (P. W. 18). In the evening of that day Nisakar complained of colic pain. Arundhati mixed Gur and some powder with water and gave it to her husband as medicine. On taking it Nisakar felt a bitter taste. Arundhati gave him some Mudhi (fried, rice). He had also burning sensation and his tongue and throat were dried up. These are all symptoms of poisoning. He went to the village tank for bath. As he could not come back, P. Ws. 1 and 2 carried him to his house and placed him on a cot, He vomited. The deceased told P. Ws. 1, 2, 9 and 18 that he had burning sensation after taking the medicine given by big wife. Boon after he died. On post -mortem examination prison could not be detected. A. Theki (M. O. III) was seized from the house of Maharagu. A tin Diba (M. O. II) and a Khuri (M O. I) in which the mixture was given were seized from the house of Arundhati. These M. Os., with the viscera of the deceased were sent to the Chemical Examiner who reported that all of them contained oleander, prison. The defence of Maharagu was simply one of denial. Arundhati stated that she merely gave some water to her husband when he wanted to take some medicine.

(3.) IT was contended that the prosecution failed to prove that Arundhati knew the mixture to be poison. Such an element is not essential in Section 300, Fourthly, Indian Penal Code, which runs thus: Section 300. Except in the case hereinafter excepted, culpable homicide is murder,