PANWATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the Judgment of conviction dtd. 17/1/2017 and order of sentence dtd. 19/1/2017 passed by the learned District and Addl. Sessions Judge-IV, Dumka in Sessions Trial Case No. 26 of 2014, whereby and whereunder, the appellant having been found guilty of charge under Ss. 302 and 328 of Indian Penal Code and has been convicted and sentenced to undergo imprisonment for life and fine of Rs.10,000.00 for the offence under Sec. 302 IPC and other sentence for the other offence.

(2.) The learned counsel for the appellant submits that there was no animosity between the parties, thus there was no reason to administer the poison to the minor son of the informant. He further submits that the Investigating Officer did not conduct the investigation properly and has falsely implicated this appellant in this case for committing the murder of the deceased by administering poison. He also submits that without any motive, the conviction of the appellant for committing the murder of the deceased is bad.

(3.) Counsel for the State submits that the Forensic Science Laboratory had examined the viscera and found Organo Phosphorus pesticide, which is highly poisonous to human being. The said report was marked as Ext.2. He further submits that P.W.1 is the eye witness and the sister of the deceased, who stated that in her presence, the poison in the form of 'prasad' was given to the deceased. This P.W. 1 further stated that she also demanded the said 'prasad' but this appellant did not give the same to her, which clearly suggests that there was intention of the appellant to commit murder of the deceased by administering the poison. Learned A.P.P submits that in the evidence, it has come that earlier an altercation took place between the parties when the family of the accused had threatened the informant that her son will be done away.