ANIS BEG Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal from a conviction under Section 328 of the Indian Penal Code, the accused having been charged with poisoning with dhatura a number of persons including one Musammat Chando, who is a girl of about 12 years. The accused is about 16 years of age, and it is the prosecution case that he became infatuated with the girl Musammat Chando and began to make advances to her and did various tricks to make her inclined towards him. It is said that he first got her brother Narain to take a cake of soap and crochet needle and ten annas that Musammat Chando might knit him something. He also asked her brother to get him some earth from below her left foot. He then tried to get some sweets sent to her through one Manohar, who refused to take them. Ultimately he persuaded Kanhaiya, a boy of about 12 years of age, to take five peras one of which is said to have contained dhatura, in order that they might be given to Musammat Chando and other members of her family. There can be no doubt that Kanhaiya did distribute these peras to various people, including Musammat Chando. All the persons who took these peras showed symptoms of poisoning. This was in the evening of the 1 of May, 1923. A private Practitioner Dr. Dikshit was sent for about 9-15 P. M. and he noticed that Musammat Chando was in a state of delirium. She was picking at the cot and drawing imaginary threads from her fingers. Shanti, a boy, was in a condition of collapse and his heart was failing. The condition of the children of the tailor was also bad. The Doctor came to the conclusion that all that was the effect of the dhatura poisoning, particularly as he noticed the pupils of these people dilated. At about 3-30 A.M. that night three of these persons were sent to the hospital and were there examined by the Medical Officer in charge. He found the pupils of Musammat Chando dilated and her condition delirious. The pupils of two others were also found dilated, one of whom was slightly unconscious but the other person was in his senses. This Doctor also came to the conclusion that these persons showed signs of dhatura poisoning. None of these Doctors was able to see any vomit or stools and they could not give any more definite opinion.

(2.) The broad facts of the case cannot be much disputed. There is no doubt that the appellant did become infatuated with the girl and did try various tricks to make her favourably inclined towards him. It is the previous conduct of the accused that has made the learned Sessions Judge coma to the finding that there was really no "intention" on the part of the appellant to cause any hurt to either of the persons to whom the paras were given. The accused had pleaded an alibi but led no evidence to substantiate that plea. The evidence given by Kanhaiya Lal, supported by the evidence of halwai who sold the peras to the accused, as well as of Piarey Lal, a passerby who saw him purchase them and handing them over to Kanhaiya Lal, who was standing close to the confectioner's shop, conclusively establishes that the accused had handed over the peras to Kanhaiya Lal, which were distributed to the persons already mentioned.

(3.) On behalf of the appellant it has been argued very strenuously that he must have been under a mistaken belief that these vara? would act as a love philtre, and his only object in making Musammat Chando eat them was to make her love him.