IMPORTANT POINT
The conviction was reversed due to insufficient evidence and procedural irregularities, emphasizing the necessity of concrete proof in criminal cases.

JUDGMENT :

(Munnuri Laxman, J.)

1) The present appeal challenges the conviction and sentence imposed on the appellant by the learned Additional Sessions Judge No.1, Bhilwara vide its judgment dated 19.06.1998 on the file of Sessions Case No.2/1996 whereby the appellant was found guilty for the offences under Sections 302, 201 of IPC. For the offence under Section 302 of IPC, the appellant was sentenced to life imprisonment with a fine of Rs.5000/-; in default of payment of fine, to further undergo 6 months’ rigorous imprisonment and for offence under Section 201 of IPC, the appellant was sentenced to undergo one year rigorous imprisonment with a fine of Rs.1000/-; in default of payment of fine, to further undergo one month’s rigorous imprisonment. However, the appellant was acquitted of the charge under Section 328 of IPC.

2) The present appeal is at the instance of the accused-appellant. For brevity, the ranks of the parties as were referred before the trial court, is maintained.

3) The case of the prosecution is that accused is the sister of Manak Chand (PW-2) and the deceased is the wife of PW-2. On 01.07.1995, accused-Ram Kanya, deceased-Sita Devi and PW-2 Manak Chand with his family went to in-laws’ house to participate in the function. After attending the function, accused and deceased returned to the house of PW-2 at about 8:30 pm. Subsequently, PW-2 also returned back to his house at about 9:00-9:15 p.m. and he found that the accused was preparing the tea and the said tea was given to the deceased and one cup, which was kept for the accused, was intentionally made to spill by touching the cup with foot. The deceased consumed the tea and started vomiting. She was immediately shifted to Mahatma Gandhi Government Hospital, Bhilwara, while undergoing treatment, she died on 01.07.1995 at about 11:45 pm. The death of the deceased was informed to the Police at City Kotwali Police Station, Bhilwara over phone and such information was received by PW-4 Maan Singh, A.S.I. The said information was the basis for starting the proceedings under Section 174 of Cr.P.C. During the course of investigation, PW-4 proceeded to Government Hospital and conducted the inquest over the dead body and dead body was subjected to postmortem examination. Later, the body was handed over to the relatives of the deceased.

4) The contents of stomach and viscera were collected during the course of postmortem proceedings. They were sent for FSL. The FSL report dated 20.10.1995 (Exhibit-P/7) reflects that the cause of death of the deceased was on account of consumption of Potassium Cyanide. On the basis of findings of FSL report as well as the statements previously recorded and on the report of PW-1 Ladu Lal (brother of the deceased), the FIR No.606/1995 dated 04.11.1995 was issued for the offences under Sections 302, 328, 201 of IPC. Subsequently, further investigation was done and during the investigation, it was revealed that the accused had grudge over the deceased as she and Manak Chand (accused brother), performed the marriage of accused’s daughter and such marriage was not fruitful. As such, she proclaimed to take revenge against the persons, who settled the marriage of her daughter with the son of Hari Narayan (PW-6). It was further revealed in the investigation that on the date of incident at about 9:00-9:15 p.m., the accused who prepared the tea, had given one cup of tea to the deceased and one was kept for herself. Such tea was mixed with Potassium Cyanide. The deceased drunk the tea and the accused intentionally made her cup to fall whereby the tea was spilled on the ground. The deceased immediately suffered the complications by vomiting. Immediately thereafter, she was shifted to Government Hospital at Bhilwara where while undergoing the treatment, she made a statement that she has not eaten any other thing except tea and that tea was given to her by the accused pointing towards the accused Ram Kanya. After the investigation, a chargesheet was file