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2011 Supreme(Chh) 46
IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
T.P. Sharma and R.L. Jhanwar, JJ.
Hariprasad @ Kishan Sahu
Vs.
State of C.G.
Criminal Appeal No. 324 of 2006
Decided On: 09.02.2011
The central legal point established in the judgment is the significance of proving motive, opportunity, possession of poison, and cause of death in cases of death by poisoning.
Headnote:
Conviction - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - 1989 - Section 302 of the IPC - [3 (2) (5), 302] - The court discussed the evidence and legal provisions related to the administration of poison, dying declaration, delay in recording witness statements, and motive for murder. The court highlighted the importance of proving motive, opportunity, possession of poison, and cause of death in cases of death by poisoning. The court also referenced relevant Supreme Court judgments to support its decision.
Fact of the Case:
The appellant was convicted under Section 302 of the IPC for causing the murder of Bisahu Singh Uike by administering poison. The prosecution presented evidence of the appellant administering poison to the deceased, who made a dying declaration before his relatives. The defense argued lack of evidence and raised concerns about the delay in recording witness statements.
Finding of the Court:
The court found that the evidence, including the dying declaration, autopsy report, and witness testimonies, supported the prosecution's case. The court also noted that the delay in recording witness statements was adequately explained and not fatal to the prosecution's case.
Issues: The issues revolved around the sufficiency of evidence to prove the appellant's guilt, the credibility of the dying declaration, and the impact of the delay in recording witness statements on the prosecution's case.
Ratio Decidendi: The court emphasized the importance of proving motive, opportunity, possession of poison, and cause of death in cases of death by poisoning. It also cited relevant Supreme Court judgments to support its decision.
Final Decision: The court upheld the conviction and sentences of the appellant, dismissing the appeal for lack of merit.
T.P. Sharma, J.
1. Challenge in this appeal is to the judgment of conviction & order of sentence dated 9-3-2006 passed by the Special Judge constituted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'), Bilaspur, in Special Criminal Case No. 19/2005, whereby & whereunder learned Special Judge while acquitting the Appellant of charge under Section 3 (2) (5) of the Act, convicted him under Section 302 of the IPC for causing culpable homicide amounting to murder of Bisahu Singh Uike, and sentenced him to undergo imprisonment for life & pay fine of Rs. 1,000/-, in default of payment of fine to further undergo RI for one year.
2. Conviction is impugned on the ground that without any iota of evidence the trial Court has convicted & sentenced the Appellant as aforementioned and thereby committed illegality.
3. As per case of the prosecution, on 22-7-2003 the Appellant administered liquor to Bisahu Singh Uike (since deceased), thereafter, he added poison in the liquor and provided to Bisahu. After consuming such poisonous liquor, Bisahu felt problem in breathing and he was badly affected by poison, but some how he came to his house and fell down in the verandah. Bisahu made dying declaration before his wife Ganesh Bai (PW-2), Anita Porte (PW-3), Sukwara Bai (PW-4), Rajesh Kumar (PW-5) and Bhagwati (PW-7). Thereafter, Bisahu was examined by Dr. Sudesh Verma (PW-1) who noticed pungent smell from the mouth of Bisahu and he immediately directed the relatives of Bisahu for shifting Bisahu to Government hospital. Relatives of Bisahu shifted Bisahu to Government hospital and same was intimated by the doctor to the police vide Ex.P-1. During treatment Bisahu died on 23-7-2003 at about 3.30 p.m. and death was intimated to police vide Ex.P-3. Merg was recorded vide Exs.P-4 & P-6. After summoning the witnesses vide Ex.P-10, inquest over the dead body of deceased Bisahu was prepared vide Ex.P-9. Dead body was sent for autopsy to CIMS, Bilaspur vide Ex.P-5A. Dr. A.K. Shukla (PW-18) conducted autopsy vide Ex.P-13 and found following symptoms:
• Swelling in brain membrane, trachea, lungs and kidney.
• Viscera were preserved, same was sent for chemical examination and presence of organo phosphorous insecticide was confirmed in viscera vide Ex.P-14.
Finally, on the basis of merg inquiry, FIR was registered vide Ex.P-11. The accused was arrested vide Ex.P-8.
4. Statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure and after completion of investigation, charge sheet was filed before the Court of Judicial Magistrate First Class, Bilaspur who committed the case to the Court of Special Judge constituted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Bilaspur, where trial of the case was conducted.
5. In order to prove the guilt of the Appellant, the prosecution has examined as many as nineteen witnesses. The accused was examined under Section 313 of the Code of Criminal Procedure in which he denied the circumstances appearing against him, pleaded innocence and false implication. He has also examined Pardeshi Ram Gond (DW-1) who has deposed that from 19-7-2003 to 23-7-2003 the Appellant was present in his house at Raipur and thereby, the Appellant has taken the defence of alibi.
6. After affording opportunity of hearing to the parties, learned Special Judge convicted & sentenced the Appellant in the aforesaid manner.
7. We have heard learned Counsel for the parties, perused the judgment impugned and record of the trial Court.
8. Learned Counsel for the Appellant vehemently argued that in case of murder by administering poison, the prosecution is required to prove the fact that the accused was having clear motive to administer poison to the deceased and that the deceased died as a result of poison, the accused was in possession of poison and was having sufficient opportunity to administer poison to the deceased. In the present
