High CourtsDivision Bench(2017) 09 MP CK 0026

Nagrik Upbhokta Margdarshak Manch vs State of M.P. and another

Madhya Pradesh High Court · Decided on 27 September 2017

HON’BLE JUDGES
S.K. Seth, Nandita Dubey
RESULT
Dismissed
CASE NUMBER
925 of 2008

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Judgment

126 paragraphs · 1,023 words
1.

This appeal has been filed by the appellant,

being aggrieved by the judgment dated 15.02.2008,

passed by Sessions Judge, Harda in S.T. No. 44/2007,

whereby the appellant has been found guilty for the

offence punishable under Sections 302 (2 counts), 307 been sentenced to life imprisonment (2 counts) and

fine of Rs.100/- each, rigorous imprisonment for ten

years (2 counts) and fine of Rs.100/- each and simple

imprisonment for one year and fine of Rs.100/-

respectively, in default of payment of fine, he has to

suffer one month additional imprisonment for each

offence.

2.

The prosecution story, in brief is that on

27.02.2007, between 4 to 7 P.M., appellant Sukhram

consumed sulphas and also gave the same to his four

minor children. All were in serious condition and

taken to the hospital Sirali by the complainant Sukhlal

(P.W.-1), his wife and son Pappu and Dilip. En-route to

the hospital, Shantabai, aged 9 years died. The other

minor Laxmi aged 5 years died during treatment in

Bhopal hospital on 01.03.2007. Dehati Nalishi (Ex. P-1)

in respect of the incident was recorded on the basis of

information provided by P.W.-1 Sukhlal, who is brother-

in-law of the appellant.

3.

According to the prosecution, after the

death of appellant''s wife, he alongwith his four minor

children had come to stay with P.W.-1 Sukhlal. On the

date of incident, when Sukhlal (P.W.-1) returned from

village Lalmati, he saw the appellant and the four

children in serious condition, suffering pain, agony and

vomiting. The appellant on being asked had stated

that he was depressed after the death of his wife and

on account of his ailment, wished to die, hence

consumed suplhas and gave the same to his children.

4.

On the basis of Dehati Nalishi (Ex.P-1), FIR

(Ex.P-28) was recorded and the criminal law was set in

motion. Under the apprehension that appellant will not

survive, Dr. Ashok Sharma (P.W.-14) was asked to

record the dying declaration of the appellant and the

same was recorded on 27.02.2007 at about 10.30 P.M.

Thereafter, Naib Tehsildar (P.W.-9) also recorded the

statement of appellant (Ex.P-13) at 1.43 A.M. in the

night of 28.02.2007 in the presence of the doctor who

endorsed about the fitness of appellant. Thereafter,

appellant and his three children were referred to and

admitted in Medical college, Bhopal, where during the

treatment, minor daughter Laxmi also died on

01.03.2007. Appellant and two minor sons were

discharged after some days, after their treatment.

Body of the deceased Shantabai and Laxmi were sent

for autopsy. P.W.-10 Dr. A.K. Sainger, who conducted

the autopsy on deceased Shantabai opined that she

died of sulphas poisoning.

5.

Dr. Pradeep Kumar Mishra (P.W.-12), who

conducted the post mortem on deceased Laxmi has

also opined that death occurred due to cardio

respiratory failure as a result of sulphas poisoning. As

per the medical report, all five of them had consumed

Aluminum Phosphide (sulphas)

6.

During the investigation, seized articles and

viscera were sent for chemical investigation to FSL

Sagar. As per the FSL report (Ex. P-33), the viscera

and vomit contained pesticide Aluminum Phosphide

(Sulphas).

7.

The trial Court on the basis of extra judicial

confession given by the appellant before Dr. Ashok

Sharma (P.W.-14) and S.U. Saiyad (P.W.-9), Naib

Tehsildar and the medical evidence has recorded a

finding against the appellant to the effect that he is

guilty of offence punishable under Sections 302 (2

counts), 307 (2 counts) and 309 of the I.P.C . and

sentenced him as aforementioned.

8.

Having heard the learned counsel for the

parties, it is observed that P.W.-1 Sukhlal and P.W.-5

Sugaibai, sister of the appellant, who brought the

appellant and his children to the hospital found them

in pain, agony and vomiting. Appellant on being

asked, has confessed to them that he had consumed

sulphas and given the same to his children.

9.

P.W.-14 Dr. Ashok Sharma has stated that he

recorded the dying declaration of Sukhram on

27.02.2007 at 10.10.30 P.M., who in anticipation of

death has confessed that he had consumed the

pesticide used for wheat preservation and given the

same to his children. P.W.-14 Dr. Ashok Sharma has

further stated that Sukhram was in a fit and alert state

of mind at that time. This dying declaration was

recorded in the apprehension of death of Sukhram,

however, he survived, hence can be considered as his

extra judicial confession, as was made voluntarily in fit

state of mind. P.W.-9 S.U. Saiyad, Naib Tehsildar, Harda

has recorded the statement of appellant (Ex.P-13).

There was endorsement of the doctor regarding the

mental altertness and full consciousness of the patient.

P.W.-16 Mohan Patel, T.I. Sirali has recorded the

statement of deceased Laxmibai on 28.02.2007, in

which she has stated that the her father had forced her

to eat a tablet, which was bitter and having distinct

smell and after which she got sick and started

vomiting. Laxmibai has expired on 01.03.2007, on the

very next day, hence her statement can be considered

as her dying declaration. P.W.-11 Dr. Jyotsna

Shrivastava, on examination found Aluminum

Phosphate in gastric aspirate of Munna, Laxmi and

Roop Singh.

10.

In view of the evidence of P.W.-11 Dr.

Jyotsna Shrivastava, the FSL report (Ex.P-33), coupled

with the dying declaration given by Laxmi (deceased)

to P.W.-16 Mohan Patel and the extra judicial

confession given by the appellant to P.W.-14 Dr. Ashok

Sharma, it is established that both the girls, Shantabai

and Laxmi died on account of consumption of

poisonous substance sulphas (pesticide). It is also

established that the other two minor children Munna,

Roop Singh and appellant who survived had also

consumed the pesticide sulphas.

11.

In view of the aforesaid facts and

circumstances of the case, we do not find any illegality

or infirmity in the conclusion recorded by the trial

Court in recording a finding of guilt against the appellant.

12.

The conviction of the appellant is

accordingly upheld. It is informed that the appellant is

in jail, it is ordered that he shall suffer out the

remaining part of his sentence in accordance with the

conviction recorded by the trial Court.

13.

The appeal being meritless is accordingly

dismissed.