RAJ PATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant Raj Pati Devi stands convicted under section 306 IPC and sentenced to undergo simple imprisonment for seven years as also to pay a fine of Rupees five thousand, else to suffer additional simple incarceration of six months. The above judgment of conviction and sentence was passed by the Fast Track Court No. 5, Aurangabad in S.T. No. 237 of 2002/ 142 of 2003.

(2.) It appears that Suresh Prajapati and his wife Sudha had committed suicide in the night intervening 21st and 22nd April, 2002 and the incident was known to persons by 8.15 A.M. on 22.4.2002. They were found dead inside the house where a diary was found lying on a chowki. People who had assembled there, were accusing this appellant of creating circumstances in the lives of the two deceased so as to forcing them to commit suicide. The diary, which was found in the room, was found containing note (Ext. 6) allegedly in the handwriting of Suresh Prajapati, which was indicating the circumstances which were created by the present appellant who had forced him and his wife to commit suicide.

(3.) After having gone through the whole of the judgment, what this court finds is that there was absolutely no evidence on record coming from any witness so as to indicating as to how the appellant had instigated the two deceased Suresh and his wife Sudha to end their lives but, they did end their life stood proved by the two reports (Exts. 7 and 7/1), which were submitted by the Forensic Science Laboratory after chemically analyzing the viscera of the two deceased which was sent for anlysis and report. The reports indicated that both the deceased had swallowed aluminium phosphide which was commercially being marketed as 'celphos' to end their lives.