SAMPAT BAI @HAHS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeals under Sec. 374(2) of the Code of Criminal Procedure (hereinafter to be referred as 'CrPC') have been instituted by the appellants assailing the judgment of conviction and order of sentence dtd. 5/12/2001, rendered by the learned Additional Sessions Judge (Fast Track), Pratapgarh in Sessions Case No. 75/2001 (01/2000).

(2.) Briefly stated, the facts of the case are that on 3/3/1998 at about 8:00-9:00 P.M., one Dhapu Bai informed Badrilal that Amba Lal was not feeling well. On reaching his house, Badrilal found Amba Lal lying on the floor. While being taken on a motorcycle towards Pratapgarh hospital, Amba Lal expired on the way and his body was brought back to his residence, whereupon several persons gathered. Badrilal lodged report Ex.P-1 at the Police Station and proceedings under Sec. 174 Cr.P.C. were initiated. During such proceedings, the S.H.O. recorded the statements of various persons. Thereafter, on 20/4/1998, Badrilal filed a complaint Ex.P-2 before the learned Judicial Magistrate, Pratapgarh, alleging that Sampat Bai, wife of the deceased, was having illicit relations with co-accused Jagdish. It was further alleged that on the fateful day, when deceased Amba Lal objected to Jagdish's presence at his house, both accused threatened him with dire consequences. Soon thereafter, Sampat Bai served him tea, upon consuming which Amba Lal complained of its sour taste and began feeling uneasy. He allegedly told others that his wife and Jagdish were having illicit relations and that the tea given to him had been poisoned.

(3.) Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and learned counsel for the respondents Nos.2 to 4.