KALABAI Vs. STATE OF M P

JUDGEMENT

(1.) BEING dissatisfied with the judgment dated 24-5-1999, rendered in Sessions Trial No. 14/99, by the learned Sessions Judge, Ratlam, whereby he convicted the appellant for the offence under Sections 302 and 328 of IPC, sentenced to suffer imprisonment for life with fine of Rs. 500/-; in default whereof to undergo one month S. I. and two year's R. I. respectively, the appellant has preferred this appeal. Both the substantive sentences were directed to run concurrently.

(2.) BRIEFLY stated the prosecution case before the Trial Court was that appellant Kalabai was married with deceased Shankarlal who was younger to her in age. After the marriage, she remained at her parents' house for twelve months and came to her in-laws house just before 2-3 days prior to the incident. On 10-12-1998, in the morning, Shantabai (P. W. 8), went to fetch water; at that time appellant and her husband Shankarlal were in the house. Appellant prepared tea and served the same to her husband Shankarlal. Deceased Shankarlal took the same. Thereafter Shantabai return back to house and she also took the tea and fell bitter taste. Her neighbour Ramesh was also served with the same tea and he also expressed his doubt about mixing of some medicine in the tea. Shantabai (P. W. 8) enquired about this fact from the appellant who denied regarding mixing of anything in the tea. Immediately thereafter Shantabai started vomiting. Therefore, she was taken to Namli for treatment on motor cycle. Deceased Shankarlal fell unconscious upon which his brother Balaram informed village Sarpanch and village sarpanch in his turn telephoned the matter to concerned police station, copy of which is Ex. P-15-C. On this report, S. H. O. sent Head Constable Jailal (P. W. 10) for enquiry.

(3.) HEAD Constable Jailal (P. W. 10) through Ex. P-1, seized from the spot one iron bottle having pesticides, one brass tureen, two pair cup plate, one plastic bottle having tea vide seizure memo/memorandum (Ex. P-1 and Ex. P-2 ). After some enquiry, the offence was registered vide Ex. P-13. Ramesh (P. W. 9) was admitted in the Ratlam Hospital, husband of the appellant Shankarlal died in the hospital. Information of the same was sent to P. S. , Ratlam who registered merg (Ex. P-10 ). After inquest, dead-body was sent for post-mortem examination and the postmortem was performed by Dr. Sunil Rathore (P. W. 5 ). His report is Ex. P-5. The MLC report of Ramesh (P. W. 9) is Ex. P-6. He was medically examined by Dr. G. L. Verma (P. W. 6 ). After registration of the crime, the investigation was done and completed by S. H. O. H. S. Parmar (P. W. 12), who has proved FSL reports (Ex. P-19 and P-20) and according to this report in articles A, B, C, D, E, F which were seized from the house of the deceased and appellant through seizure memos (Exs. P-1 and P-2), poison was found; Article "a" was containing Zinc Manganese (Soyashri Micro Fertilizer), a pesticide used for spraying on cotton crop. In Articles "e and F" viscera of deceased Shankarlal as well as in Articles "b, C and D", Let brass tureen, two pair of cup plates and plastic bottle containing tea all were having zinc phosphate (choohamaar),