STATE OF RAJASTHAN Vs. RESHMA

JUDGEMENT

(1.) This Criminal Appeal has been filed against judgment and order dated 25.11.2005 passed by Additional Sessions Judge (Fast Track) No.2, Bikaner in Sessions Case No.105/2004, whereby he acquitted the accused from the charge for offence under sections 302, 307 in the alternative section 328 IPC.

(2.) Briefly stated, facts of the case are that on 05.09.2004 complainant Sameer Khan lodged a written report at Police Station Chhatargarh to this effect that he resides with his family in 'dhani' of his field. On 26.08.2004 his daughter-in-law Reshma prepared meal-Sangriya-ki-sabji and Roti and after taking meal, all of them felt uneasy. However, in the night also she prepared Dal and Roti. After eating this meal in the night, all of them started vomiting. At midnight, Murad Khan died and then they doubted that the preparation of food made by Reshma was poisonous. All of them went to hospital at Chhatargarh, where his wife Jeba and son Liyaqat also passed away. Thereafter, remaining persons were referred to Bikaner. During the course of treatment at Bikaner, Sammu Khan also died on 29/30.08.2004. On 30.08.2004, Om Prakash and Gome Khan came to him and informed that they were told by Reshma that she mixed poison with 'sabji' and Roti.

(3.) On this written report, an FIR (No.113/2004) was registered against accused-respondent Reshma for offence under sections 302, 307 IPC and after investigation, challan was filed against her.