PEMA LALA Vs. STATE OF AJMER

JUDGEMENT

(1.) THIS is a jail appeal against the appellant's conviction and sentence Under Sections 304 and 328, I. P. C. , read with Section 109, I. P. C.

(2.) THE, case for the prosecution in brief was: About three years ago, Sm. Dhapu with her husband Rama went to her father's village Phuta Ka Baria in Rajasthan, where there is a temple of Ramdeoji known as Ramdeora. Pema was the Pujari and Bhopa of the temple. Dhapu had two daughters but no son. She and her husband went to the temple and in the presence of the accused Fema made a promise that if Dhapu had a son, they would give a feast to the villagers and Rs. 25/to the deity which was to be received by the Bhopa of the temple. After sometime, a son was born to Dhapu, but she made an offering of cocoanut only' at the temple Ramdeora, and told the accused Pema that she would fulfil her promise whenever her son attained the age of 5. In May 1953, the marriage party of the, the brother of Dhapu, went to village Andhi Deori,. where the husband of Dhapu lived. On the third day of the arrival of the marriage party, the accused Teja went to Dhapu's house and told her that Pema had sent a 'prasad' of Gur for her. She asked him to place the Gur in a shelf. Next morning when Dhapu was going out of the house, she-placed the Gur in a tray on the flour and when she returned, she found her son Ladu eating it. Dhapu took away the Gur from Ladu as she thought it would give him loose motions and she herself ate-away the remaining quantity. After a short time Dhapu and her son Ladu became unconscious. Ladu vomitted and dhatura seeds were found in the vomit. Ladu was taken to the Beawer hospital where he died.

(3.) THE accused Pema pleaded not guilty. The learned Sessions Judge believed the prosecution case and convicted and sentenced the appellant Under Sections 304 and 328 read with Section 109, I. P. C.