KITABANI KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as also the learned counsel for the respondent-State.

(2.) This appeal is directed against the judgment of conviction dated 23.09.1992 and order of sentence dated 24.09.1992, passed by learned 1stst Additional Sessions Judge, Hazaribagh in Sessions Trial No. 219 of 1988, whereby, appellant has been convicted for the offence under Sections 302 and 328 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and to undergo rigorous imprisonment for five years under Section 328 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(3.) Prosecution case, as stated in the written report of informant-Makbul Miyan, is that he used to work at bakery in Barhi. On 20.04.1987, at 6:00 a.m. his co-villager Sahdul Mian communicated to him that his two daughters Guddi, aged four years and Butkani, aged two years had died at about 2:00 a.m. On receiving this information, informant immediately rushed back to his village and learnt from his wife that on 19.04.1987, around 3:00 p.m., she had gone to visit her sister at village Dhamna for procuring some money from her, however, when she returned from Dhamna, her eldest daughter, aged six years, informed that her that aunty (chachi), wife of Israil Mian, had given her sisters something to drink (sharbat) and after consuming the same, both the girls started vomiting and died at about 2:00 a.m. Four hens that had consumed the vomit, had also died. Eldest daughter had not consumed the drink offered. It is alleged that the aunt had offered poison laced drinks to the deceased daughters and committed murder. Thereafter, first information was registered as Chouparan P.S. Case No. 49/1987, corresponding to G.R. No. 203/87. Police investigated the same and submitted charge-sheet against the appellant. The case was committed to the Court of Session, and was ultimately tried by the learned 1stst Additional Sessions Judge, Hazaribagh, who convicted the appellant for the offence under Sections 302 and 328 of the Indian Penal Code and sentenced her to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for five years under Section 328 of the Indian Penal Code vide judgment of conviction dated 209.1992 and order of sentence dated 24.09.1992. Both the sentences were directed to run concurrently.