NANU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Section 374 Cr. RC. has been filed by accused appellant Nanu Ram against the judgment and order dated 10.11.1998 passed by the Additional Sessions Judge, Neem-ka-thana convicting the accused appellant under Section 304 IPC and sentencing him to undergo rigorous imprisonment for 7 years with a fine of Rs. 1000/-, in default thereof, to further undergo simple imprisonment for six months.

(2.) Briefly stated the facts of the prosecution case are that on 12.10.96 Phoola Ram lodged a report Ex.R8 at Police Station Thoi, district Sikar to the effect that Rajesh and Pooran aged 5 and 6 years respectively, are the residents of Kishanpura, Police Station Neem-ka-thana and their ailing parents were admitted in Thoi Hospital on 10.10.96. On 12.10.1996 at about 11 AM, both the children got fever, and on being asked for medicine, the accused appellant Nanu Ram, Class IV employee of the Hospital gave injections to both the child and immediately thereafter, they died. After death, the accused took both of them to their village Kishanpura in the vehicle of a Doctor.

(3.) On the basis of the above report, police registered a case under Section 304 IPC vide FIR Ex.R 13 and proceeded to investigate the case. During investigation, the Police arrested the accused appellant vide arrest memo Ex.R1, recovered the used ample of injection and 10 Lariago Injections kept in an Almirah of a room, at the instance of accused appellant vide memos Ex.P3 and R4 respectively and prepared the site plan, Ex.P.5. The police also got conducted the post mortem on the dead bodies of deceased Pooran and Ramesh and collected the post mortem reports Ex.P.lO and P.11. The police recorded the statements of witnesses and after completion of investigation, submitted a charge sheet against the accused appellant in the court of Judicial Magistrate, 1st Class, Neem-ka-thana, who in turn committed the case to the court of Sessions.