GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Gopal has been found guilty for the offence Under Section 328, IPC for administering poison or other thing with intent to commit or to facilitate commission of an offence and has been sentenced by the Additional Sessions Judge No. 1, Jaipur City by his judgment dated September 16, 1982 to rigorous imprisonment for a term of 2 1/2 years and also with a fine of Rs. 500/ -. The convict has come in appeal to this Court.

(2.) THE prosecution case is that Abdul Mazid (PW 1) owned an auto -rickshaw. On August 5, 1981. Abdul Mazid had given his auto -rickshaw to Gopal for driving at 2 p.m. on August 2, 1981. At about 11 p.m., Abdul Mazid was standing near Rajmandir Cinema, Jaipur along with his two friends Ikrar and Sethi. The appellant was also there and he was nothing the numbers of the auto vehicles in the order in which they were to be hired by the customers. It was further mentioned that the appellant also drives the taxi held by Abdul Mazid Abdul Mazid instructed the appellant to pass the taxi at the residence of the former. Thereupon the appellant told Abdul Mazid to take Prasad and on his saying so. the two above named friends of Abdul Mazid took one Laddu each and ate it. One 'Laddu' was given by the appellant to Abdul Mazid He devided the 'Laddu in two parts and kept one part in his mouth and eat it. After eating half part of the 'Laddu', Abdul Mazid told to his friends that he was feeling that the 'Prasad' was sore and inquired from them whether they also feel the same taste The remaining half part of the 'Laddu was given by Abdul Mazid to one of his companions. That companion put that part on his tongue , but he immediately dropped it out. Abdul Mazid told that he was feeling unwell. His companion collected half portion of the 'Laddu' which he had thrown on a piece of paper, and then Ikrar and Pooran took, Abdul Mazid to SMS Hospital, Jaipur where in he was admitted Half piece of the 'Laddu' was deposited in the Emergency Ward. It was mentioned by Abdul Mazid in his report that appellant had administered. some poisonous thing to him by mixing the same in the 'Laddu', as a result of which he had vomited repeatedly. On the basis of this First Information Report, the Officer in -charge. Police Station, Ashok Nagar, Jaipur registered a case Under Section 328, IPC.

(3.) IT appears from Ex. P. 6 that after Abdul Mazid had been admitted in the SMS Hospital. Jaipur he was examined by the Medical Jurist. It was noted that the patient was conscious. His pulse was 84 and blood pressure 1:0/80. Pupil was bilaeral semi -dilated and respiration rate was 22 per minute. He was advised to save gastric lavage, blood and urine. A telephonic message was given by Madanlalcompounder from SMS Hospital to the control room and after receiving the information constable Kalu Ram ranged to the Police Station Ashok Nagar, Jaipur (fat he has been informed that Abdul Mazid has been admitted in 28 Wards in the said Hospital and Investigating Officer may be sent to the Hospital. There upon, Prahlad Singh Head Constable reached the hospital. The Investigating Officer recorded the statement of Abdul Mazid Under Section 161, Cr PC on August 6, 1981. It appears that the Medical Jurist. SMS Hospital, Jaipur had seat one vial and three bottles sealed as per specimen in Ex. P. 3 to the Chemical Examiner for chemical analysis. The Chemical Examiner Dr. v. N. Purohit reported on April 27, 1982 (Ex.P 5). It appears from his report that three bottles and one vial had been sent to him. In one of the bottles marked 'A' there was gastric lavage of Majeed Khan and the other bottle marked 'B' contained the sample of 'Prasad. In the third bottle marked 'C there was urine of Mazid Khan and, in the vial there was a little quantity of blood. Dr. V.N. Purohit opined that the contents of bottles under item 'A' and 'B were positive for copper sulphate, but the contents of the articles under items 'C and 'D' were negative for copper sulphate The contents of all the four articles were negative for arsenic antimony, mercury, opium, barbiturates Dhatura and Zink phosphide The police after necessary investigation filed a charge -sheet against the appellant before the Court of Judicial Magistrate No. 15, Jaipur City, Jaipur. The Judicial Magistrate committed the case for trial to the Court of Sessions by his order dated May 19, 1982 The Sessions Judge transferred she case to the Court of Addl. Sessions Judge No. 1, Jaipur City, Jaipur who after trial held the appellant guilty for the offence; Under Section 328, IPC and convicted him as aforesaid. The convict has come in appeal to this Court.