HARSING ALIAS SURSINGBHAI CHHITUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the Judgement and Order passed by the learned Additional Sessions Judge, dated 07. 11. 2001 in Sessions Case No. 197/01,. whereby the appellant accused has been convicted for the offence under Section 302 of the IPC and the sentence is imposed upon him for life imprisonment with the fine of Rs. 500/ -.

(2.) AS per the prosecution, on 12. 09. 2000, the complainant Mahmad hasanbhai Vali, had engaged Santu Jina (deceased) and Budha Ishwar (deceased)for agricultural operation in the field and also one Mela Soma Rathod (deceased) (hereinafter they are referred as deceased)at the agricultural field for sowing. The complainant had also gone to the agricultural field at about 9. 00 O Clock at the morning and he came back. At about 12. 00 O Clock noon, he had instructed for sending food for the deceased through hursing @ Sursing Chittubhai (accused appellant herein ). The accused-appellant had gone with the food prepared at the residence of the complainant and when he came back, at about 1. 00 O Clock noon, the accused informed the complainant that the aforesaid two persons viz. Santu Jina and mela Soma had become sick and unconscious, and therefore, he had brought them in the bullock cart of Arjunbhai, therefore, the complainant, since both the aforesaid persons were unconscious, had hired a tempo for giving treatment to the aforesaid two persons. At that time, the third person Budha Ishwar, while coming to the house of the complainant had also fallen down and he was in semi-unconscious condition. He was also taken in the tempo and all the three persons were taken to the hospital. The Doctor declared them as dead. The aforesaid information was provided by the complainant at the first instance.

(3.) INITIALLY, entry was recorded as of accidental death. However, it appears that during the investigation, it was found by the police that death of the deceased were due to consumption of poison and therefore, the complaint was registered by Circle Police inspector for the offence under Section 302 of the IPC for causing death of the aforesaid deceased by the accused. As stated in the complaint, there was dispute amongst the deceased and the appellant-accused Hursing @ Sursing Chittubhai for the work and therefore, the accused after taking lunch from the residence of Mahmad Hasan Vali had mixed poisonous pesticide (normally used for cotton crop) in the buttermilk. As the said food was consumed by the deceased, they received immediate effect and became unconscious and thereafter, were brought to the Government hospital, where they were declared dead. As stated in the complaint, the complainant had the doubt that because of the dispute of appellant-accused with the deceased, he might have killed them by mixing poisonous pesticide used for cotton crop in the buttermilk to be taken with the food and therefore, the complaint was filed.