ASHA DEVI AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application has been filed under Sec. 439 Crimial P.C.

(2.) Petitioner No. 1 Smt. Asha Devi is the wife of deceased Ashok Kumar, petitioner No. 2 is the mother of Smt. Asha Devi and petitioner No. 3 is her father. Ashok Kumar had died on Aug. 25, 1993 at about 10.30 p.m. and the report of the incident came to be lodged on Aug. 27,1993 by his father Shri Gendalal. The entire case hinges on the circumstantial evidence and the circumstances were narrated by the learned P.P.

(3.) For petitioners, Chand and Mool Chand, the learned P.P. could not prima facie show any circumstance and so far petitioner No. 1 Smt. Asha Devi is concerned, it was contended by the learned P.P. that in her interrogation before the police, she had confessed her guilt and has given story as to how she did procure the tablet containing poison and administered in the milk. However, her statement is not admissible in evidence and there is nothing on the record that she had administered the poisonous tablet in the milk.