DHANNA LAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two criminal appeals, one by appellant Dhanna Lal and another by appellant Ram Sharan arise out of the judgment and order dated 23.11.2000 passed by the learned Additional Sessions Judge Jhalawar, thereby convicting the appellants for offence under Sec. 120-B and 304 Part-I Penal Code and sentencing them to undergo rigorous imprisonment for 10 years with a fine of Rs.1000.00, in default thereof, to further undergo simple imprisonment for three months, on both the counts. The sentences were ordered to run concurrently.

(2.) On 23.9.98 PW4 Sanjay Singh submitted a written report, Ex.D2 at Police Station, Kotwali, Jhalawar to the effect that on the information of Badri Lal Nagar, he and his brother Narendra Singh reached at the place of incident and found his brother Pushpendra Singh (since deceased) in a indispose condition. On being asked, his brother Pushpendra could inform with difficulty only to the extent that he had consumed cough syrup, due to which he was not feeling well. Pushpendra was brought to the hospital where he breathed his last and passed away.

(3.) Again on 24.9.98 at 12.15 PM, another cousin Dushyant Singh lodged a written report, Ex.P3 at Police Station Khanpur alleging therein on 22.9.98 at about 4.00 PM his brother Pushpendra Singh had gone to Temple Annpurna Mataji situated in Khera Heergarh to participate in Navrata Programme which was continuing at the temple. Appellant Ram Sharan Sharma Compounder, Chetan Prakah Sharma, Badri Lal Nagar, Babu Goswami, Nanu Ram Dhakar, Shiv Prasad Nagar, Badri Lal Salawatiya Deep Chand etc. were also present there. At that time, appellant Dhanna Lal also came there and after a short while he took out a medicine bottle and gave it to appellant Ram Saran Compounder and said that it was of no help to him. He then kept it with him. The persons present there asked as to for what purpose the medicine meant for. Thereupon, the Compounder told that it was a cough syrup. When Pushpendra Singh told that he was suffering from cough for last few days, the Compounder asked him to consume. Thereupon Pushpendra consumed 1/4th quantity of the medicine. After about half an hour the deceased felt dizziness. The deceased then asked Chetan Prakash and Badri Lal to take him to the village and also told that the appellants under the pretext of medicine administered him poison. Both of them brought the deceased to village and informed his relatives, who in turn brought the deceased to Jhalawar Hospital, where he died. As stated above, Sanjay Singh also lodged the report. In the course of inquiry under Sec. 174 Cr.RC. from the above named persons it came to the light in the morning of 24.9.98 that the appellants hatched conspiracy and administered poison to the deceased, on the pretext of medicine.