RAM SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused-appellant Ram Swaroop has filed this appeal from Jail against his conviction dated 23rd January, 1973, by the learned Addl. Sessions Judge, Dholpur. THE learned Addl. Sessions Judge has convicted the accused-appellant under Section 3o2, I. P. C, and sentenced him to imprisonment for life, and a fine of Rs. 500/- and in default of payment of fine to further rigorous imprisonment for six months.

(2.) THE prosecution story is that one Hukam Singh, deceased, accompanied his sister Shiv Devi, on 26-4-1970, to the bus-stand, at about mid-day. Smt. Shiv Devi was going to her father-in law's place, and as such, was wearing the ornaments. THE accused-appellant Ram Swaroop met them at the Bus-station. He offered a 'laddu' to the deceased Hukam Singh stating that it was a 'prasad'. Hukam Singh ate the 'laddu'. As the bus had arrived at that time, Mst. Shiv Devi boarded the bus. In the meantime, another brother Budhi of Mst. Shiv Devi also came there. Mst. Shiv Devi left by the bus. Hukam Singh accompanied by Budhi came back to their house in village Dogarpur. After sometime, Hukam Singh started shivering and felt giddy. He started tearing his clothes. On enquiry being made, Hukam Singh stated that he was feeling awefully giddy after having eaten the 'laddu' given by Ram Swaroop. Ram Swaroop had gone to village Dubepura. Karan Singh, Bhagwan Singh and Pritam went to village Dubepura, and brought Ram Swaroop from there. Ram Swaroop said if Hukam Singh vomits his condition would be improved. Hukam Singh was brought to Dholpur in a jeep as his condition was worsening. It is said that Ram Swaroop told the villagers that he had administered 'dhatura' to Hukam Singh in that 'laddu', as he intended to remove all the ornaments which Mst. Shiv Devi was putting on. He further stated that as Mst. Shiv Devi boarded the bus, the 'laddu' of dhatura could not be given to her. THE Chief Medical Officer of Sadar Hospital, Dholpur, Dr. S. K. Soloman, was approached at about 1. 40 A. M. At the time Hukam Singh was gasping with one or two respiration per minute. THE pulse was also imperceptible. He was, therefore, rushed to the hospital for emergency treatment. Before any treatment could be given to him, he died. Dr. Dilip Singh, Medical Jurist, performed the post-mortem. Pritam P. W. 10 lodged the first information report of this incident to Rajveer Singh P. W. 2, Station House Officer, Dholpur, at 4 A. M. on 24-7-1970. THE accused-appellant was arrested vide Ex. P/4, and on his personal search a packet containing 'dhatura' seeds was found in a cloth tied around his waist. A sealed packet containing the 'dhatura' seeds and the visceras preserved by the Doctor Dilip Singh were sent to (he Chemical Examiner for analysis. THE contents of the bottle containing visceras were found on examination to be negative for 'dhatura'. THE sealed packet containing the seeds was positive for 'dhatura'. After investigation, the case was challaned on 4-5 1970 before the learned Addl. Munsiff Magistrate No. 2, Dholpur. THE accused was committed to the Court of Sessions on 7-11-1970, by the committing Court after enquiry. THE learned Addl. Sessions Judge found the accused-appellant guilty under Section 302, I. P. C, and sentenced him to imprisonment for life, and a fine of Rs. 500/-, and in default of payment of fine to undergo a further rigorous imprisonment for six months, by his order dated January 23, 1971. It is against this order of conviction that the present appeal has been filed.

(3.) BUDHI P. W. 8, the brother of the deceased Hukam Singh stated the Mst. Shiv Devi was going to her father-in-law's place in the last Baisakh. Ho saw Ram Swaroop giving him 'laddu' to Hukam Singh describing it as 'prasad'. He has further stated that the accused-appellant Ram Swaroop had few more 'laddus' with him in his cloth-pocket. Ram Swaroop could not give 'laddu' to Shiv Devi as the bus had arrived, and she was in a hurry to board on the bus. Mst. Shiv Devi P. W. 7 stated that 'laddu' was offered as 'prasad' at the bus-stand by Ram Swaroop to Hukam Singh, and as the bus had arrived, she boarded the bus, and left for her father-in-law's place.