Decided on April 24,1973

STATE Appellant
Hadibandhu Mati Respondents


G. K. Misra, J. - (1.) THE Appellant has been convicted under Section 302, Indian Penal Code, and sentenced to death. He has filed two criminal appeals, one from Jail and the other through an advocate. Reference has been made by the Sessions Judge under Section 374, Code of Criminal Procedure for confirmation of the sentence of death.
(2.) PROSECUTION case may be stated in short. Rama Chandra Mati (p.w. 1) and Ananta Mati (p.w. 9) are sons of Hrushi Subudhi (p.w. 10). They remain in one house. Only two months prior to the occurrence 1 and 9 separated. There is no evidence that their house was partitioned. Sanjukta Dei (deceased), a girl aged about six years, was the daughter of p.w. 9. There appears to have been some enmity between 1 and 9 on the one hand and Hadibandhu Mati (accused) on the other. On 19 -5 -1971 at about 6 a.m. the accused gave some cut -pieces of ripe papaya fruit to the deceased to eat. She took a little quantity and threw away the rest as it tested bitter. She told her uncle (p.w. 1) about the fact of the accused giving cut -pieces of ripe papaya which tasted bitter and her throwing them away after taking a little quantity thereof. Immediately after she left the house for witnessing Chandan Jatra in the village. On the way she felt giddy and fell down. Jaginath Dalai (p.w. 2) called p.w. 1 to the spot and the deceased narrated to 1 and 2 that she was feeling uneasy after taking the papaya given by the accused. Soon after she vomited and purged. She was carried to the primary health centre at Bindhamima at a distance of about one mile from her house. The doctor (p.w. 3) attended on her and gave some injections at about 7.30 a.m. She expired at 7.45 a.m. The prosecution relied upon the following pieces of evidence to establish that the deceased died of poison given by the accused in the cut -pieces of papaya: (i) A small bottle contain folderol was recovered from the Atu of Sikhar Sahu to which there was access from the Atu of the accused which was just adjacent, and that the chemical examiner found Folidol in the liquid contents of the bottle seized under Ext. C -6. (ii) Ananta Behera (p.w. 4) and Kashinath Das (p.w. 8) saw the accused giving the papaya pieces to the deceased. (iii) The deceased made a dying declaration before 1, 2 and 10 that the accused gave her cut -pieces of papaya a little of which she ate and the rest threw away as it tested bitter. (iv) There was a motive for the murder as the accused was not pulling on well with 1 and 9. The accused had taken some loans from p.w. 1 which he was not repaying and on being asked to repay had threatened that he would exterminate the family of 1 and 9. (v) The viscera of the deceased was found to contain Parathion (Folidol) by the chemical analyst. (vi) Three poultry birds packed into the thrown pieces of papaya and they died immediately. Their viscera 's were found to contain Parathion (Folidol) on chemical examination. (vii) The cut -pieces of papaya were found to contain Parathion (Falidol) on chemical analysis. (viii) The stomach of the deceased contained semi -digested food materials as found on post -mortem examination. Accordingly the possibility of the deceased being poisoned by food materials other than papaya is ruled out.
(3.) THE learned Sessions Judge disbelieved the evidence of 4 and 8 in paragraph 11 of his judgment. On a careful serutiny of the evidence of these witnesses, we endorse his conclusion. The reasons given by him need not be repeated.;

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