BIBI SAMRATH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) By Court. - Though this appeal was initially preferred by two convicts namely Bibi Samrath and Samijan Bibi but during the pendency of the appeal, the appellant no. 1 Bibi Samrath died on 15.8.2002 and, therefore, the appeal as against appellant No. 1 Bibi Samrath stood abated. Therefore, we are now concerned with the appeal of appellant no. 2 Samijan Bibi only.

(2.) THIS appellant Samijan Bibi and 4 others were charged found put on trial for commission of the offence under Sections 302/34 IPC for committing the murder of four persons in furtherance of common intention. They were also charged under Section 120B IPC for entering into an agreement to administer poison in food for causing death of the family members of the informant.

(3.) IN short, the prosecution case is that on 21.1.1970, one Chamru Mian (now dead) lodged a first information report alleging therein that on the date of occurrence when he was not present in his house, in his absence "Khichdi" was being cooked for being consumed by his family members. After consuming the food, all those persons, who had eaten it, were taken ill and four of them namely Bibi Latifan, Bibi Asiran, Rahim and Suleman Mian died but others could survive. On Post Mortem examination of the dead persons poisoning was suspected. Visceras were preserved and sent for chemical examination where it was found that "Parathion" an oregano phosphorus insecticide, used for killing pests, was present. The police also seized the left out portion of "Khichdi" and "Bhurta" and their samples were sent for chemical examination and it was found that "Khichdi" was also containing Parathion, which was highly poisonous. The informant alleged that he had some dispute with Manager Mian and Bandhu Mian of his village, who were nephew and cousins of his wife Latifan Bibi and for that suit was also pending in the Court at Godda and, therefore, they were nursing grudge and enmity with him. The informant further alleged that when he came back to his house after hearing the sad news, he found his wife and daughter -in -law dead and he wanted to go to the police station but his neighbours Manager Mian and Sonu Mian and the accused Masru Mian @ Masruddin bluffed him giving out that they had already sent information to the police. The FIR was registered against unknown but in course of investigation it came to light that three females namely, Samrath Bibi (now dead), Sonabhan Bibi and Samijan Bibi, the present appellant, had come to the house of the informant when the food was being cooked on the pretext of taking fire from the oven and, therefore, it was suspected that they had hands in mixing poison in the "Khichdi".