K.D Sharma, J. - (1.) This appeal by Mst. Tulchan alias Tulsi appellant is directed against the judgment of the learned Additional Sessions Judge, Churu dated 27 2.1974 by which she was convicted under section 302 Indian Penal Code and sentenced to undergo imprisonment for life for administering poison to her husband Pooraram and thereby causing his death.
(2.) The prosecution case against the appellant was as follows:- On 29.5.1972 a written report was lodged by Kurda Ram with the SHO Taranagar that Pooraram son of Balu Jat resident of Khivsar had died & his dead body was lying and so an inquiry be made into the cause of his death. This report was got written by Mohaamda from Laduram Patwari and it bore the signatures of Mohamda, Ravatram, Tejaram and other villagers. Upon receiving this report, Shri Bhanwarsingh Head Constable Incharge of Police Station, Taranagar, asked better particulars from Kurdaram who upon being questioned disclosed to the Head Constable that Pooraram was his brother-in-law the gainer and on 28.5.1972 he had gone on the back of his she-camel to the field of the former for fetching grass (known as Lash in vernacular) and when he did not return from there till noon, Kurdaram went to the field, met him there and asked him why he had not came back. The deceased there. upon told Kurdaram that he had a pain in his back and so he did not come back. Then Kurdaram made the deceased sit on the back of the camel and started for going to his house but in the way Pooraram deceased breathed his last. On the basis of the written report, Shri Bhanwarsingh Head Constable Incharge Police Station, Taranagar, proceeded to the place where dead body of the deceased was lying to make an inquiry into the apparent cause of death of Pooraram under section 174 CrPC.
(3.) On reaching the spot Bhanwarsingh prepared a Panchnama on the dead body and got post mortem examination performed over it by Dr. K.C. Sharma, Medical Officer Incharge, Government Hospital Taranagar, at the spot on 22 5.1972 at 2 P.M. Upon examination the doctor found the following facts:- "External observation:- Whole of the body swollen and started purifying, whole of the face and hands became bluish black, blisters present all over abdomen, chest neck and forearm areas. Blood tinged fluid coming out of the mouth. Rigor mortis not present, both eyes swollen, closed and pubils slightly dilated. 2. Cranium and spinal cord: 1) Scalp, skull and vertebrae:- Healthy 2) Membranes:- Congested 3) Brain.- Congested Thorax:. a) Wall, ribs and cartilage:- Healthy b) Pleasurae:- Congested c) Larynx & tracheae:- Congested d) Right Lung:- Congested e) Left Lung:- Congested f) Paricardirum:- Congested g) Heart:- Empty h) Large vessels:- Healthy 4. Abdomen: 1) Walls:- Healthy 2) Paritocium:- Slightly congested and full of purifying gases 3) Mouth, Pharynx and Oesophagus:- Mouth pharynax swollen, oesophagus congested. Stomach and its contents:- Gastric mucosa swollen, idematus and haemorrhagic patches all over the mucosa membrane and highly congested. Stomach:- Empty except little congested material present 5. Small intestines and their contents:- Congested and full of gases and fickle matter 6. Large intestine and their contents:- Full of fickle material and gases 7. Liver:- Highly congested and bluish black in colour 8. Spleen:- Highly congested and bluish black in colour 9. Kidney s:- Congested 10. Bladder:- Empty 11. Organs of generation internal and external:- Swollen, Scrotum full of blood Muscles, bones & joints:- There was no injury, fracture or dislocation." In his opinion, death occurred from poisoning. For confirmation of his opinion, he sent the stomach contents and viscera to Chemical Examiner in a sealed condition through the Police. The Chemical Examiner gave his report Ex.P/7, according to which the contents sent by the doctor were positive for zinc phosphide. The clothes of the deceased which he was wearing on his body at the time of his death that is one Dhoti, one turban and one shirt also were found positive for the aforesaid poison. Soon after the autopsy was conducted on the dead body by Dr. K.C. Sharma, Shri Bhariwarsingh Head Constable recorded a first information report of the crime at Police Station Taranagar and registered a criminal case under section 302 Indian Penal Code on its basis and handed over the investigation to Shri Girdharisingh S.H O. P.S. Taranagar, on 30.5.1972. Shri Girdhari Singh inspected the site and prepared the site inspection name and the site plan. He prepared the site plan of the field of Kaluram also. Then he arrested the appellant on 31.5.1972 vide memo of arrest Ex, P.11 and sought clarification from Dr. K.G Sharma vide his letter Ex.P.16. The doctor replied that the death of the deceased appeared to have occurred more than 24 hours prior to the time of the post mortem examination and there was no injury, or swelling over the spinal column. Shri Girdharisingh then recorded the statement of the witnesses and after collecting other necessary evidence, filed a chargesheet against Mst. Tulchhan alias Tulsi appellant under section 302 Indian Penal Code in the court of Munsif Magistrate First Class Rajgarh. The learned Magistrate held an inquiry preparatory to commitment and upon finding a prima facie case exclusively triable by the court of Sessions committed the appellant for trial to the court of Additional Sessions Judge, Churu under section 302 IPC. The learned Additional Sessions judge tried the appellant and found her guilty of the offence of murder and convicted and sentenced her as stated above.;