KESHO MATHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Kesho Matha has preferred this appeal against the judgment and order dated 18.12.1995 passed by 1st Additional Sessions Judge, Godda in Sessions Trial No. 64 of 1994/28 of 1995 whereby and whereunder the appellant has been convicted under Sec. 328 of the Indian Penal Code and sentenced to undergo R.I. for 10 years. He has further been convicted under Sec. 302/ 120 -B of the Indian Penal Code and sentenced to R.I. for life on both counts and all the sentences to run concurrently.

(2.) BRIEF facts leading to this appeal are that in the night of 14.12.1993 the informant PW 17 Srikant Tiwary, the Assistant Jailor of Godda Sub Jail was informed by PW 6 Head Warden that some jail inmates have fallen ill. According to the informant he along with PW 6 rushed to the premises of the jail and found that in ward No. 3, two prisoners, namely, Matal Tudu and Ram Bilash Singh were ill, to rush them to Godda Sadar Hospital. Immediately two other inmates Nuneshwar Yadav and Sheoji Yadav fell ill and they were also sent to hospital for their treatment. However during treatment in the Sadar Hospital Ram Bilash Singh, Matal Tudu and Nuneshwar Yadav were declared dead but Sheoji Yadav could survive. According to the prosecution case, when the gate of the Ward No. 3 was opened to remove the above named inmates, Sohan Yadav and appellant Kesho Matha were shouting that another inmate Triveni Sharma has mixed. poison in the milk to kill them. The informant further expressed suspicion that the incident was knowingly caused by some jail inmates in furtherance of their conspiracy and put poison in the food to create disturbance in the jail.

(3.) THE present appeal has been preferred on the ground that the learned trial Court has not considered the improbability of the offences alleged to have been committed by the appellant. It is also asserted that the very basis of the prosecution that the appellant has administered poison in the milk said to have been taken by the deceased inmates has not been proved beyond doubts. It is also asserted that out of 28 witnesses, except PWs 4, 9, 17 and 27 non of the witnesses had any relevance with the prosecution case. The learned Counsel for the appellant Sri K.P. Deo further stressed before us that the conviction under Sec. 302 as well as 120 -B of the Indian Penal Code is based on surmises and conjectures. According to the learned Counsel, the post mortem report proved by PWs 13, 14 and 20 did not find any milk in the stomach of the deceased and the poison found in the viscera by PW 27 is available freely in the market. According to the learned Counsel, the informant PW 17 has lodged this FIR just to exonerate himself of the responsibility that the inmates died due to food poisoning. It is also stressed before us that the very basis of allegation that the appellant has mixed poison in the milk for the purpose of killing these inmates are not supported by any evidence on record. Therefore the appellant deserves to be acquitted of the charges.