STATE OF ORISSA Vs. TULASI GADNAIK

JUDGEMENT

(1.) THIS Government Appeal is directed against the judgment dated 16. 10. 1995, passed by the Sessions Judge, dhenkanal, in Sessions Trial No. 163-D of 1991, holding the accused-respondent not guilty of the charges under Sections 328 and 302 IPC and acquitting her.

(2.) THE case of the prosecution, in brief, is that Mayadhar Gadnaik of village baghdharia under Hindol P. S. is the father-in-law of accused Tulasi Gadnaik. Mayadhar gadnaik got his son Ganeswar Gadnaik married to the accused Tulasi Gadnaik but the accused did not take care of her father-in-law, for which Mayadhar Gadnaik had to marry Madhi Gadnaik. Subsequently, the accused started quarrelling with Madhi gadnaik and both the ladies did not pull on well. To avoid such unpleasant situation. Mayadhar stayed separately in another house with his wife Madhi Gadnaik and after some time, he was blessed with a daughter Mina @ Rina. It is alleged that the accused Tulasi Gadnaik was not happy with the second marriage of her father-in-law and she took several attempts to kill her mother-in-law Madhi Gadnaik and her daughter mina, but failed. In the morning of 26. 06. 1991, deceased Madhi Gadnaik milked her cows and kept the milk in a stainless steel glass on the verandah of her house and went with her daughter Mina to the shop to get some tea leaves. During their absence, the accused came to the house of Madhi and put poison in the glass of milk and went away. When Madhi returned from the shop, she prepared tea and she and her daughter mina took tea and suddenly fell ill. Their condition became serious and they were shifted to Khajurikata Hospital, where Madhi died. Her daughter Mina was shifted to dhenkanal Hospital for better treatment, but she also did not survive.

(3.) ON the information of the doctor of khajurikata Hospital, the A. S. I. of Hindol P. S. arrived at the hospital and on coming to know about the death of Madhi Gadnaik due to suspected poison, he lodged the FIR and took up investigation. During investigation, he examined the witnesses, seized one bottle, suspected to be contained poison at the instance of the accused and also seized the pot in which tea was prepared and the stainless steel glass containing the milk. He arrested the accused and handed over charge of investigation of the case to OIC, hindol Police Station, who on completion of the investigation, submitted charge sheet against accused Tulasi Gadnaik.