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1979 Supreme(Raj) 446

RAJASTHAN HIGH COURT
K.D Sharma, Kanta Bhatnagar, JJ.
Mst. Tulchan Alias Tulsi w/o Pooraram Jat Resident of Bhaleri - Appellant
Versus
The State of Rajasthan - Respondent
D.B. Criminal Appeal No. 264 of 1974.
Decided On : 21-11-1979

Advocates:
For the Appellant:S.R. Singhi, Advocate.
For the Respondent: N.S. Acharya, Public Prosecutor.

Circumstantial evidence alone is not sufficient to prove guilt beyond a reasonable doubt if it is not corroborated by other evidence.

Headnote:

CRIMINAL APPEAL - MURDER - CONVICTION - CIRCUMSTANTIAL EVIDENCE - INSUFFICIENT - ACQUITTAL - [SECTION 302 IPC]

Fact of the Case:

Appellant was convicted of murdering her husband by administering poison. The prosecution's case was based on circumstantial evidence, including the appellant's purchase of rat poison, her offer of tea to the deceased, the deceased's complaints of a sour taste and burning sensation after drinking the tea, and the appellant's alleged extrajudicial confession.

Finding of the Court:

The court found that the circumstantial evidence was not sufficient to prove the appellant's guilt beyond a reasonable doubt. The court noted that the evidence of the appellant's purchase of rat poison was not corroborated, that the evidence of the deceased's complaints of a sour taste and burning sensation was not reliable, and that the appellant's alleged extrajudicial confession was not credible.

Issues: 1. Whether the circumstantial evidence was sufficient to prove the appellant's guilt beyond a reasonable doubt. 2. Whether the appellant's alleged extrajudicial confession was credible.

Ratio Decidendi: The court held that the circumstantial evidence was not sufficient to prove the appellant's guilt beyond a reasonable doubt. The court noted that the evidence of the appellant's purchase of rat poison was not corroborated, that the evidence of the deceased's complaints of a sour taste and burning sensation was not reliable, and that the appellant's alleged extrajudicial confession was not credible. The court further held that the appellant's alleged extrajudicial confession was not credible because it was not made to an independent witness and was not corroborated by any other evidence.

Final Decision: The court accepted the appeal, set aside the appellant's conviction and sentence, and acquitted her of the murder charge.

JUDGMENT

1. - This appeal by Mst. Tulchan alias Tulsi appellant is directed against the judgment of the learned Additional Sessions Judge, Churu dated 27 2.1974 by which she was convicted under section 302 Indian Penal Code and sentenced to undergo imprisonment for life for administering poison to her husband Pooraram and thereby causing his death.

2. The prosecution case against the appellant was as follows:-On 29.5.1972 a written report was lodged by Kurda Ram with the SHO Taranagar that Pooraram son of Balu Jat resident of Khivsar had died & his dead body was lying and so an inquiry be made into the cause of his death. This report was got written by Mohaamda from Laduram Patwari and it bore the signatures of Mohamda, Ravatram, Tejaram and other villagers. Upon receiving this report, Shri Bhanwarsingh Head Constable Incharge of Police Station, Taranagar, asked better particulars from Kurdaram who upon being questioned disclosed to the Head Constable that Pooraram was his brother-in-law the gainer and on 28.5.1972 he had gone on the back of his she-camel to the field of the former for fetching grass (known as Lash in vernacular) and when he did not return from there till noon, Kurdaram went to the field, met him there and asked him why he had not came back. The deceased there. upon told Kurdaram that he had a pain in his back and so he did not come back. Then Kurdaram made the deceased sit on the back of the camel and started for going to his house but in the way Pooraram deceased breathed his last. On the basis of the written report, Shri Bhanwarsingh Head Constable Incharge Police Station, Taranagar, proceeded to the place where dead body of the deceased was lying to make an inquiry into the apparent cause of death of Pooraram under section 174 CrPC.

3. On reaching the spot Bhanwarsingh prepared a Panchnama on the dead body and got post mortem examination performed over it by Dr. K.C. Sharma, Medical Officer Incharge, Government Hospital Taranagar, at the spot on 22 5.1972 at 2 P.M. Upon examination the doctor found the following facts:-

"External observation:- Whole of the body swollen and started purifying, whole of the face and hands became bluish black, blisters present all over abdomen, chest neck and forearm areas. Blood tinged fluid coming out of the mouth. Rigor mortis not present, both eyes swollen, closed and pubils slightly dilated.

2. Cranium and spinal cord:

1) Scalp, skull and vertebrae:- Healthy

2) Membranes:- Congested

3) Brain.- Congested

3. Thorax:.

a) Wall, ribs and cartilage:- Healthy

b) Pleasurae:- Congested

c) Larynx & tracheae:- Congested

d) Right Lung:- Congested

e) Left Lung:- Congested

f) Paricardirum:- Congested

g) Heart:- Empty

h) Large vessels:- Healthy

4. Abdomen:

1) Walls:- Healthy

2) Paritocium:- Slightly congested and full of purifying gases

3) Mouth, Pharynx and Oesophagus:- Mouth pharynax swollen, oesophagus congested.
Stomach and its contents:- Gastric mucosa swollen, idematus and haemorrhagic patches all over the mucosa membrane and highly congested. Stomach:- Empty except little congested material present

5. Small intestines and their contents:- Congested and full of gases and fickle matter

6. Large intestine and their contents:- Full of fickle material and gases

7. Liver:- Highly congested and bluish black in colour

8. Spleen:- Highly congested and bluish black in colour

9. Kidney s:- Congested

10. Bladder:- Empty

11. Organs of generation internal and external:- Swollen, Scrotum full of blood
Muscles, bones & joints:- There was no injury, fracture or dislocation."In his opinion, death occurred from poisoning. For confirmation of his opinion, he sent the stomach contents and viscera to Chemical Examiner in a sealed condition through the Police. The Chemical Examiner gave his report Ex.P/7, according to which the contents sent by the doctor were positive for zinc phosphide. The clothes of the deceased which he was wearing on his body at the time of his death that is one Dhoti, one turban and one shirt also



















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