JAWAILARA RAM @ JAWAHARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19th Sept. 1994 of Additional Sessions Judge, Sikar in Sessions Case No. 40 of 1993, whereby the appellant was convicted under section 302 and 328 IPC. Under Sec. 302 Penal Code he was awarded imprisonment for life and to pay fine of Rs. 1000.00. In default of payment of fine to undergo six months simple imprisonment. Under Sec. 328 IPC. He was awarded three years rigorous imprisonment and to pay fine of Rs. 500.00. In default of payment of fine to undergo three months' simple imprisonment.

(2.) The facts of the case are that PW 7 Chandraram, father of the deceased Harlal, made a written report at Police Station Laxmangarh, District Sikar, whereupon crime No. 11/1991 was registered on 26.1.1991. In the report it was stated by him that his son Harlal was married with Smt. Bimla, daughter of the appellant Jawahar Singh and from their wedlock they had a son aged 3 years. That, when he (complainant) was going to his village Bhoma-Bada Via Sikar he came to know that his son Harlal has died in the Hospital at Sikar where he was admitted. On reaching at Hospital he found that Inquest-Report of dead-body of his son was being prepared. It was also stated in the report that when he returned home he came to know that his daughter-in-law, Smt. Bimla was taken to village Yalsar by her brother Kailash and he has apprehension that some poisoneous matter was administered to his son by the appellant his wife or daughter.

(3.) After registration of case, the police investigated the matter. Inquest-Report (Ex.P 10) of the dead-body was prepared in presence of PW 8 Rameshwar, PW 9 Girdhari Singh and PW 17 Ramdeo and post-mortem of the dead body was conducted Dr. B.L. Jangid, who reserved his opinion about cause of death till receipt of the report of chemical examination of viscera. Report of the FSL showed positive presence of Aluminium phosphide and, thereafter, final opinion was given by the doctor vide endorsement Ex.P 21 to the effect that Harlal died due to poisoning.