RAM SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused appellant Ram Swaroop has filed this appeal from Jail against his conviction dated January 23. 1973, by the learned Additional Sessions Judge, Dholpur. The learned Additional Sessions judge has convicted the accused -appellant under Section 302, IPC, 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 sitter 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 Swarorp 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 bad arrived at that time, Mst. Shiv Devi boarded the bus. In the meantime, another brother Budhi of Mst. Shiv Devi also came there. Ms. Shiv Devi left by the bus. Hukam Singh accompanied by Budhi come 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 awfully 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 Ramswaroop 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 ornament 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 that time, Hukam Singh was gasping with one or two respiration per minutes. 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 PW. 10 lodged the first information report of this incident to Rajveer Singh PW. 2, Station House Officer, Dholpur, at 4 a.m. on 24 -4 -1970. The accused -appellant was arrested vide Ex. P/4, and on his personal search a pocket containing 'dhatura' seeds' was found in a cloth tied around his waist, A sealed packet containing the 'dhatura' seeds and the visceras preservad by the Doctor Dilip Singh were sent to the Chemical Examiner for analysis. The contents of the bottle containing visceras were found on examination to be negative for 'dhatura'. The sealed pocket containing the seeds was positive for 'dhatura'. After investigation, the case was challaned on 4 -5 -1970 before the learned Additional 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 Additional Sessions Judge found the accused appellant guilty under Section 302 IPC, 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.) ON behalf of the State, it was contended that the accused -appellant, Ram Swaroop, is not a person of sound character. He is a pick -pocket and had practised such a trick on a person previously also Attention was invited to a decision by the Assistant Sessions fudge No. 1, Dholpur dated 29 -7 -1970, in Sessions Case No. 1 of 1970, in which the accused appellant Ram Swaroop had been found guilty of committing an offence under Section 328 read with Section 392, IPC, and was sentenced to five years rigorous imprisonment for administering 'dhatura' poisoning in 'laddu' to one Raja Ram, his wife Mst. Kstoori and his son Bachan Singh, on the ground that after making them unconscious, the accused appellant Ram Swaroop removed the ornaments of Mst. Kstoori when the victim became unconscious. It was also contended that the circumstantial evidence leads only to one inference that Hukum Singh died because of 'dhatura' poisoning administered by the accused -appellant Ram Swaroop. It was also contended that the extra -judicial confessions made by the accused -appellant Ram Swaroop are sufficient for sustaining the conviction of the accused -appellant under Section 302 IPC.