RUBI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Being aggrieved by judgment dated 22.6.2001 and order dated 23.6.2001 passed by Additional Sessions Judge, Supaul in Sessions Trial No. 59 of 1997 convicting and sentencing her to undergo life imprisonment under Section 302 of Indian Penal Code (In short "IPC) and rigorous imprisonment for seven years under Section 328 of IPC but, however, ordering both the sentences to run concurrently, Rubi Devi, the sole appellant is before us in this appeal.

(2.) Prosecution case, in short, is that on 6.2.1997, informant Mina Devi (PW 6) was in her house when at about 2 p.m., she saw her neighbour Pradip Gosai giving a small bottle to appellant, her daughter-in-law. Since Pradip was regular visitor to her house, informant thought that he might have given something to her daughter-in-law. At about 7 p.m., appellant served food in a plate before her husband, deceased Ashok Kumar Mishra. At that time, informant enquired from appellant what was given to her by Pradip on which she replied that it was the medicine for worms. After taking two bits of food, deceased complained smell of kerosene oil in the food on which informant asked her for leaving the remaining food and she herself went to kitchen and brought another food which she gave to her deceased son. The deceased took that food and, thereafter, he took milk and went to bed for sleeping but five minutes thereafter, he raised alarm on which informant went running to her son and found that her son was only staring and was not speaking anything. In the meantime, informant saw that the food which was offered by appellant to her deceased husband and which was left by him after taking two bits was given to two domestic dogs by appellant who, after taking the food, died within five minutes. The condition of deceased son of informant started deteriorating and informant also found a bottle near the pillow on the bed of her deceased son and this was the same bottle which was given to appellant by Pradip. The informant called her neighbours including Nageshwar Thakur (PW 2), a Compounder, who advised her to take her son to hospital and deceased son of informant was taken to hospital where he was given first aid but her son did not survive and he died at hospital during treatment on the same day. The fardbeyan (Exhibit-5) of informant was recorded on the same day at about 11.30 p.m. at Government Hospital Koriapatti. In her fardbeyan, informant made allegation against appellant and Pradip that they mixed poison in the food of her deceased son which resulted in his death. A case under Sections 302 and 328 of IPC was registered against the appellant and co-accused Pradip Gosai. The police took up the investigation and after investigation submitted charge-sheet against appellant showing co-accused Pradip Gosai absconder and keeping investigation pending against him. Cognizance of the case was taken and the case was committed to the Court of Session where charges under Sections 302 and 328 of IPC were framed against the appellant who denied the charges and she was put on trial and after trial, she was found guilty and was convicted and sentenced, as indicated above.

(3.) The defence of appellant, as it appears from her examination under Section 313 of Criminal Procedure Code is that deceased died of drinking. No witness on her behalf has been examined.