PHAGGU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matter here concerns the conviction of the appellant-Phaggu Ram for the murder of Nand Lal for causing his death by poisoning.

(2.) The prosecution case is that Nand Lal was Commission. Agent of Phaggu Ram and a sum of Rs. 48,000/- was owed to him by Phaggu Ram, which, Nand Lal had on several occasions, demanded from him. This, it is said, provided the motive for the crime. The main incident is said to have occurred on November 26, 1986, when, Nand Lal while on his way from Shahabad to village Babain met Phaggu Ram at his tubewell and asked him for the money owed to him. While there, he also asked Phaggu Ram for a glass of water. Phaggu Ram went inside the kotha of the tubewell and brought him some water which he drank. Nand Lal left after drinking this water, but had covered only a short distance when he felt giddy and fell down. He vomited there and then became semi-conscious before losing his consciousness for a couple of hours. Further, it is said that Nand Lal was, at that time carrying with him a bag containing Rs. 22,000/- Seeing his conditions Phaggu Ram came there and took out his money from the bag but left the empty bag near rum. The prosecution case proceeds that about 3 or 4 hours later, Kamla and Sarupa happened to pass by Seeing Nand Lal lying there, they enquired from him as to what had happened. Nand Lal told them that Phaggu Ram had given him something in the water that he had drunk at his tubewell and that he said, had brought about his present condition. Kamla and Sarupa then brought him to the road and while Sarupa stayed with them, Kamla went to village Kharindwa and informed Nand Lal's son Ashok Kumar, who has a grocery shop in the village. Ashok Kumar thereupon came to Nand Lal and little while later Dr. Suresh Kumar also happened to come there on his scooter. Seeing them, he stopped and found Nand Lal lying unconscious. They then put Nand Lal on the scooter and brought him to the Civil Hospital, Shahabad. Nand Lal is said to have reached the hospital at 5.30 p.m. He died a couple of hours thereafter at about 11.30 p.m.

(3.) To establish their case against the appellant Phaggu Ram, the prosecution relies upon the medical evidence to show that the death of Nand Lal was caused by poisoning. The poison in question being Chloralhydrate Trichloro Ethnol. Next the motive for the crime and there is then dying declaration of Nand Lal implicating Phaggu Ram.