AI Structured Summary
Not yet generated for this judgment
Judgment
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.
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.
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.
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.
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)
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).
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.
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.
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.
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.
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.
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.
The appeal being meritless is accordingly
dismissed.