RAM KANYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal challenges the conviction and sentence imposed on the appellant by the learned Additional Sessions Judge No.1, Bhilwara vide its judgment dtd. 19/6/1998 on the file of Sessions Case No.2/1996 whereby the appellant was found guilty for the offences under Ss. 302, 201 of IPC. For the offence under Sec. 302 of IPC, the appellant was sentenced to life imprisonment with a fine of Rs.5000.00; in default of payment of fine, to further undergo 6 months' rigorous imprisonment and for offence under Sec. 201 of IPC, the appellant was sentenced to undergo one year rigorous imprisonment with a fine of Rs.1000.00; in default of payment of fine, to further undergo one month's rigorous imprisonment. However, the appellant was acquitted of the charge under Sec. 328 of IPC.

(2.) The present appeal is at the instance of the accused-appellant. For brevity, the ranks of the parties as were referred before the Trial Court, is maintained.

(3.) The case of the prosecution is that accused is the sister of Manak Chand (PW-2) and the deceased is the wife of PW-2. On 1/7/1995, accused-Ram Kanya, deceased-Sita Devi and PW-2 Manak Chand with his family went to inlaws' house to participate in the function. After attending the function, accused and deceased returned to the house of PW-2 at about 8.30 pm. Subsequently, PW-2 also returned back to his house at about 9.0/9/15 p.m. and he found that the accused was preparing the tea and the said tea was given to the deceased and one cup, which was kept for the accused, was intentionally made to spill by touching the cup with foot. The deceased consumed the tea and started vomiting. She was immediately shifted to Mahatma Gandhi Government Hospital, Bhilwara, while undergoing treatment, she died on 1/7/1995 at about 11.45 pm. The death of the deceased was informed to the Police at City Kotwali Police Station, Bhilwara over phone and such information was received by PW-4 Maan Singh, A.S.I. The said information was the basis for starting the proceedings under Sec. 174 of Cr.P.C. During the course of investigation, PW-4 proceeded to Government Hospital and conducted the inquest over the dead body and dead body was subjected to postmortem examination. Later, the body was handed over to the relatives of the deceased.