MOHAMMAD RAFIQ,J. - (1.) This appeal is directed against the judgment and order dated 22.01.2011 passed by the court of Additional Sessions Judge, Fast Track, Jhalawar, in Sessions Case No. 116/2009, whereby accused-appellant Soram Bai was convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 2,000/-; in default of payment of fine, she has to further undergo three months additional simple imprisonment.
(2.) Brief and relevant facts giving rise to this appeal are that complainant Chauthmal (PW-1) submitted a written report (Exhibit D-1) to the Station House Officer, Police Station Bakani, District Jhalawar, on 22.08.2009 regarding an incident which took place on that day. Therein it was stated that Shankar Lal, aged 22 years, was his only son and apart from him, the informant had a daughter Santosh Bai, aged 13 years. Shankarlal was married to Soram Bai D/o Madanlal Tanwar, resident of Khoria, about eight years ago. After marriage, she came to his house only last Tuesday from the house of maternal uncle in village Dewari Mandir. In the morning around 6:00 AM, the informant had mulched the cow and put certain quantity of milk in a jug and placed the jug filled of the milk in the almirah and told his daughter-in-law Soram Bai that both (she herself and her husband) should consume the raw milk, which they generally did in the morning. The informant then took his cattle to jungle for grazing. His wife had gone to answer the call of nature. After sometime, his niece Radha Bai came crying that Shankarlal was vomiting after consuming milk. The informant rushed back to his house and found Shankarlal vomiting. He was not in a position to talk. Chander Singh, Prakash, Gulab Singh and Anar Singh, all residents of the same village, also came there. They took Shankarlal on the motorcycle of Motilal to hospital at village Bakani, where he was declared brought dead by the doctors. When they brought his dead body back to the house, Santosh Bai told him that Soram Bai had given milk in a glass to deceased, who after consuming that milk, started vomiting. The deceased told her (Santosh Bai) that milk had a bad smell and when Santosh Bai started drinking milk, Soram Bai snatched the glass of milk and poured the milk into 'koondi' (stone pot), saying that she might also start vomiting after consuming the same if she consumed the milk. Thereafter when Santosh Bai smelled the milk in the jug, it was still stinking. The informant alleged that his son has been put to death after administering some poison.
(3.) On the basis of aforesaid written report, the police registered a 'mrig' report and initiated proceedings and enquiry report under section 174 of the Code of Criminal Procedure, 1973 was submitted on 24.8.2009. The police thereupon registered regular F.I.R. NO. 242/2009 for offence under Section 302 of the Indian Penal Code against the accused-appellant and commenced investigation. After completion of investigation, challan was submitted against the accused-appellant for offence under Section 302 IPC. The said court having taken cognizance, committed the same to the court of Sessions in view of the fact that it was triable by the Court of Sessions, Jhalawar. Trial of the case was then made over to the court of Additional Sessions Judge (Fast Track), Jhalawar, Charge against the accused-appellant was framed for offence under Section 302 IPC. Accused denied the charge and claimed to be tried. Prosecution examined 12 witnesses in support of its case. Accused in her statement recorded under Section 313 Cr.P.C., 1973 denied the allegations deceased and that there was no evidence to connect her with the crime. The trial court on conclusion of trial, convicted and sentenced the accused-appellant in the manner indicated above.;