FINDAL Vs. STATE

JUDGEMENT

(1.) This is an appeal by Findal, aged 36, against his conviction under Section 302 Penal Code by the learned Sessions Judge of Manasu for the murder of one Sundar Singh by poisoning him with aconite and the sentence of transportation for life imposed upon him. He acquitted Mst. Nilam Dasi, who was tried along with the appellant for abetment of the offence, because in his opinion the prosecution had failed to prove conclusively that she had supplied aconite to the appellant.

(2.) The facts of the prosecution case are briefly as follows: The deceased and his elder brother Mohar Singh lived together in village Gharshial, Tehsil Rohru. The appellant also belongs to the same village. Mohar Singh first married Mst. Karam Patti (P. W. 4), and she became the common wife of both the brothers. A few years later Mohar Singh married the aforesaid Mst. Nilam Dasi of village Manghiyara, and she also subsequently became the common wife of the two brothers. Findal appellant used to work on the joint land of Nilam Dasi's mother and stepbrother in Man-ghiyara, and there he became intimate with Nilam Dasi. In the months of Magh and Phagun preceding the occurrence, roughly about January or February 1952, Findal approached Sundar Singh with a request that he should accept 'reet' money and release Nilam Dasi from wedlock to enable him (Findal) to take her as his wife. Mohar Singh was at the time away at Chamba. Sundar Singh refused to accept Findal's suggestion. Thereupon the appellant and Nilam Dasi conspired to kill Sundar Singh. In furtherance of the conspiracy Nilam Dasi supplied aconite to Findal. On the morning of 18-3-1952 Findal arrived at his house in Gharshial. He is a married man and has children, but at the time of the occurrence his wife was away at her parents with the children. On the evening of 18-3-1952 Findal came to Sundar Singh's house and took him away to his own house to help him in some work. There Sundar Singh was given tea mixed with powdered aconite by Findal. When Sundar Singh returned home after about an hour he exhibited symptoms of poisoning : he was restless and started vomiting. He immediately remarked in the presence of his first wife Mst. Karam Patti (P. W. 4), his sister Mst. Satto (P.W. 5) and his mother Karam Dasi (P. W. 23) that he had been poisoned by Findal and was thus being separated from his children. Findal was at once sent for. Other residents of the village were also called, and to them also Sundar Singh made a similar complaint. When Findal arrived he was confronted with Sundar Singh's accusation by one of the neighbours, Rama Nand (P. W. 7). Findal at first denied the charge. But when Sundar Singh himself later taxed Findal with having poisoned him, Findal admitted the change either expressly or impliedly by keeping silent (there being a difference between the prosecution witnesses on the point).

(3.) After the aforesaid tacit or explicit confession of his guilt Findal was detained at Sundar Singh's house. About a couple of hours after his return from Findal's house Sundar Singh expired the same night. Bahadur Singh Lambardar (P. W. 2) was sent for from another village, and he arrived the following morning, i.e. on the morning of 19-3-1952. After making enquiries from those present at Sundar Singh's house he got a report scribed by Ranbir (P. W. 21) of Gharshial. The report mentioned the fact of Sundar Singh's death. It also mentioned that the deceased himself was said to have told people that he had been administered poison with tea by Findal. This report was taken to the Police Station at Rohru by Mundru (P. W. 1), the village Chowkidar. The police station is about 14 miles from Gharshial, and the Chowkidar reached there at about 4 p. m. the same day. S. I. Bali Ram (P. W. 27) reached Gharshial on 20-3-1952 and started investigation. He despatched the dead body to Rohru, where 'post mortem' was held on 21-3-1952 by Dr. Shib Dev Singh (P. W. 16). Findal had escaped on the evening of 19-3-1952 but was arrested on the evening of 20-3-1952 as he was trying to conceal himself on a tree near village Manghiyara by Dwarka Das (P. W. 18) and Bahadur Singh (P. W. 19) of that village. The same night he was handed over to the police at Gharshial. S. L. Bali Ram conducted a search of Findal's house at Gharshial on the evening of 20-31952 in the absence of Findal and recovered some opium, aconite roots and a tea kettle. He also took into his possession a lota in which Mst. Karam Patti had collected the vomit of Sundar Singh. On 21-3-1952 some more aconite and an axe and a stone were recovered from the same house at the instance of Findal. The confessions of Findal and Nilam Dasi were recorded on 23-3-1952 by Sri Surat Singh, a 2nd class Magistrate of Rohru, specially empowered to record statements under Section 164, Criminal P. C.