SUKUL CHOUDHARY Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) Heard, learned Senior counsel and learned A.P.P. for the State.

(2.) Sole appellant has been convicted for the charge under Section 302 of the Indian Penal Code by the learned Sessions Judge, Palamau by the impugned judgment of conviction and order of sentence, both dated 20.07.1996, in Sessions Trial No. 351 of 1992 and sentenced to undergo Rigorous Imprisonment for life. The other two accused persons namely, Hardeo Chaudhary and Nanhku Chaudhary have been acquitted by given benefit of doubt.

(3.) The prosecution was launched on the basis of the fardbeyan of informant, Fuleshwar Choudhary (P.W.6) and father of the deceased girl- Rudi Kumari (aged about 6 years) recorded on 15th August, 1991 at 16.15 hours (Thursday). The informant alleged that on 15th August, 1991, he had gone for transplantation of paddy leaving behind his daughter, Rudi Kumari along with his cousin brother Suresh Choudhary in the house. No one else was there in the house in the afternoon. At around 1.30 P.M. informant's wife, Murti Devi (P.W.5) was returning to the house for having meal and he was also following her. As soon as his wife reached in the courtyard, she saw Sukul Choudhary (appellant), son of Sahdeo Choudhary, resident of village- Rabda Tola Kewal, P.S.- Chainpur, District- Palamau, administering some poison like substance in a spoon to his daughter, Rudi Kumari. Nanhku Choudhary, son of Dukhi Choudhary and Sahdeo Choudhary, both of village- Rabda Tola Kewal, P.S.- Chainpur, District- Palamau, were standing inside the courtyard. On seeing this, his wife started raising hullah (brawl) and crying, as it appeared that the accused, Sukul Choudhary had administered poison to her daughter. On hearing the hullah, by then, informant also reached there and on seeing the spoon in the hand of Sukul Choudhary snatched it from him, which was produced in the Police Station. Sukul Choudhary and other two co-accused, Nanhku Choudhary and Hardeo Choudhary fled away. On hearing the shouts (brawl), informant's younger brother, Garori Choudhary, uncle Bhawani Choudhary and Ramdeo and other villagers reached the place of occurrence. These two uncles and brother also saw the incidence. When informant, his wife and the other persons, who had arrived smelled the mouth of informant's daughter (Rudi Kumari), it had very obnoxious smell. His daughter was saying that she was having a bad taste in her mouth. Thereafter his daughter started trembling and passed away within half an hour. Saliva was coming out of her mouth. Informant further alleged that the curd kept in a utensil and water kept in the bucket inside the house, were also bearing obnoxious odour. He suspected that these things were also poisoned. He stated that there was some dispute.