SMT. VIMLA DEVI BRAHMIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 02/04/1990 passed by Additional Sessions Judge No.2, Sri Gangangar in Sessions Case No.33 of 1989, by which one of the accused Rajendra has been acquitted and another co-accused Smt. Vimla has been convicted under Sec. 302 of Penal Code for life imprisonment coupled with fine of Rs.500.00 and in default to pay the fine to undergo six months rigorous imprisonment.

(2.) In nutshell FIR Ex.P.30 pertaining to the offence reads as under :- lsok esa]

(3.) Heard the arguments of both the sides, it has been argued by learned counsel for the appellant that all the witnesses, have become "hostile" despite learned trial Court has wrongly convicted appellant Smt. Vimla Devi, whereas alleged conspirator co-accused Rajendra @ Rameshwar was acquitted, when no crime was found, on the part of co-accused Rajendra @ Rameshwar, then how Vimla Devi could be held responsible for alleged crime, author of the F.I.R and all important witnesses of the prosecution have not supported, the story of the prosecution, moreover alleged offence has also been reported highly belatedly after lapse of about fifty days, link evidence pertaining to deposit of F.S.L has also shattered and has not been properly connected. Police Statements of Kripa Shankar have also been recorded after prolong lapse of time, nevertheless learned trial Court has faulted in arriving at the findings of guilt, which is not sustainable at all, so the appeal be allowed and conviction be quashed. Learned public prosecutor, contrariwise, has contended that there is no infirmity in the judgment impugned and learned trial Court has rightly appreciated the evidence. Appellant Smt. Vimla Devi wittingly blended poisonous substance in the eatings loafs, which resulted in death of her kid and after exhumation of the body of the deceased, autopsy revealed that poisonous substance atropine (Dhatura @ Datura) was found in the viscera, other family members were also affected and suffered vomiting, but they got spared by the grace of God, otherwise she had machinated to kill entire family and whatever delay is caused is immaterial because it does not impact merit of the case, so there is no error in the findings of learned trial Court, appeal lacks merit, so it be dismissed.