HASHMA Vs. STATE

JUDGEMENT

(1.) THIS criminal first appeal is directed against the judgment and order dated May 1,1970,of the learned Sessions Judge, Badarwah, conducting the appellant under Section 302 R.P.C. and sentencing her to life imprisonment there under.

(2.) BRIEFLY stated the case as put forth by the prosecu ­tion is as follows: Bhagu P. W. owns two houses -one in village Chilli and the other at a distance of half a mile in village Mukhsiyas as also some land in the latter village. On the morning of Baiskah 23, 2023, corresponding to May 5,1966, Bhagu accompanied by his son, Nawab Din, deceased, and his daughter -in -law, Hashma appellant, came down to Mukhsiyas from Chilli to help his other son, Gulab Din P. W., in the cultivation of the aforesaid land. After Nawab Din, and Gulab Din and their wives had worked in the field for some time Mst Hashma P. W. went inside the house along with her husband, Gulab Din, to have tea. After having tea, the couple went cut to work in the field and Hashma appellant, went inside the house for taking tea shortly thereafter Nawab Din deceased followed his wife to the house to have tea after washing his face. A little while there ­after Nawab Din came out and complained to his father, Bhagu who was sitting on the roof of the house, that the tea given to him by his wife was bitter in taste and that he was having a burning sensation Seeing that Nawab Dins tongue had become thick and he was feeling restless, Bhagu asked his other son,Gulab Din, to go and fetch Mir Hussain and Wali Mohamad P. Ws on whose arrival Nawab Din asked Hashma, appellant, as to what she had given to him and that instead of administering poison to him she should have got a divorce from him. The prosecution story further proceeds that Nawab Din then asked Bhagu to get him a hatchet so that he might hach Hashma appellant to pieces. Bhagu restrained his son from resorting to violence telling him that he would get him medically treated. Thereafter Wali Mohamad lifted Nawab Din on his back and took him to the dispensary at Chilli where Abdul Karim compounder, who has also appeared as a prosecution witness, gave him some medical aid and injections in consequence of which Nawab Din had a few vomits but his condition did not improve and he died after about half an hour. Two reports namely Ex. p. 1 and Ex. p 7, the former by Bhagu P. W., and the latter "by Abdul Karim, compounder, were despatched to the police Gandoh, through Jabar Chowkidar on receipt whereof a case of death under suspicious circumstances was registered and investiga ­tion started. During the course of investigation the police sent the dead body of Nawab Din for post mortem, seized at the instance of the appellant a phial containing some poison from the cattle shed of Bhagu as also a stone lying near some bushes on the western side of Nallah Chilli on which the appellant was alleged to have pounded the arsenic root. The police also seized the cork of the phial from the person of the appellant as well as a kettle, a service spoon and a cup. Dr. Prem Nath, Medical Officer, Badarwah, Primary Health Centre, performed the autopsy on May 8, 1966, and finding that internal appearances met with by him were indicative of some poison, sent the viscera of the deceased for chemical examination. On receipt of the report of the Chemical Examiner to the effect that arsenic was indicated in the abdomen, liver, spleen and kidney, Doctor Prem Nath opined that the deceased had died of arsenic poison. According to the Chemical Examiner arsenic was also indicated in the vomits (of the deceased) and contents of phial which were also sent to him for chemical examination. The Chemical Examiner could not, however, date of any trace of poison on the stone on which arsenic root was alleged to have been pounded by the appellant or on the cork of the phial. Hashma appellant also made a confession of her guilt under Section 164 Cr P. C. before the Tehsildar Magistrate. Badarwah, on May 24, 1966. According to the prosecution, the dastardly act was committed by the appellant as she wanted to get rid of the deceased with whom her rela ­tions were strained.

(3.) AFTER the completion of the investigation the appellant was proceeded against under Section 302 R.P.C. and Alfa, who was alleged to have supplied the arsenic root to the appellant and whose son, Abdullah, was alleged to be carrying on with the appellant, was proceeded against under Section 302/1C9 R.P.C. in the court of the Additional District Magistrate, Badarwah, who committed both the accused to the Sessions to stand their trial under the aforesaid Sections of the Penal Cede In support of its case, the prosecution examined Bhagu, the father of the deceased, Mst Kali the step mother of the deceased, Mst Bhori, the sister of the deceased Jabbar Khan, chowkidar, Abdul Karim Compounder, in charge Chilli dispensary, Gulab Din the brother of the deceased, Cbowdhary Ncor Mohamad M.L.C, Mohamad Musa, Mohamad Ibrahim, Wali Mohamad, Nur Mohamad Zamindar, relations of the deceased, Mst. Hashma, wife of Gulab Din, the brother of the deceased, Multan Singh ASI, Jagmohan Sub Inspector CID, Ali Mohamad Head Constable, and Chamman Lal Gupta, Tehsildar Magistrate.