KAMPURI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a case of wife administering poison to her husband on account of which he died. The learned Addl. Sessions Judge, Gangapur City, who tried the appellant has found her guilty of the offence under Sec. 302 Penal Code and sentenced her to Life Imprisonment and a fine of Rs. 500.00 and to undergo rigorous imprisonment for three months in case of default in the payment of fine. Against this conviction and sentence made on 23rd Aug., 1993, the appellant has preferred this appeal through jail.

(2.) The deceased husband of the appellant is Ram Hans. He was admitted to the Government Hospital at Nadoti where he gave his statement to the doctor on 7th Jan., 1991 at 5.00 a.m. He stated that on the previous night his wife Kampuri gave him food consisting of Bajra Roti and Gur. He ate it and after a while he started feeling uneasy and he told and abused his wife that she had given him poison in the Roti. Then Ram Khiladi, Jagram and Bharosi took him in a camel cart and brought to the hospital for treatment. He specifically stated that his wife had poisoned him. The statement was sent to the police station Nadoti where a case was registered. Rain Hans died at about 8.10 a.m. His viscera were preserved and also stomach wash and the substance vomited by him. These were sent for chemical examination and were found positive for the presence of Aluminium Phosphide. Besides the statement of Ram Hans made before the Doctor, which can be said to he in the nature of dying declaration, there are other witnesses who have stated that the deceased told them that his wife had given him poison in the food.

(3.) The learned Additional Sessions Judge had relied upon the dying declaration of the deceased and also the statements of the witnesses in whose presence the deceased stated that his wife has poisoned for arriving at the conclusion of the guilty of the accused. Besides this, there is one affidavit Ex.P. 19 sworn and verified by the accused in which there is admission of her guilt.