Judgement

R. N. MISRA, J. :- The Additional Sessions Judge of Balasore by Judgment dated 7-11-1974 in Sessions Trial No. 12/42 of 1974 convicted Shanti alias Satyabhama Devi under S. 302 of the Indian Penal Code and Tauli Jena under Section 302/120-B of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for life. Criminal Appeal No. 212 of 1974 is by Shanti while the other appeal is by Tauli Jena against the common judgment of conviction and both these appeals were sent from jail.

2. When these two appeals were placed before a Division Bench for hearing, notice of enhancement of sentence from rigorous imprisonment for life to one of death was issued. After the appellants were served with such notice, the matter was placed for hearing and by order dated 2-8-1976, a Division Bench consisting of two of us (R. N. Misra and Mohanti, JJ.) directed the appeals to be placed before a Full Bench for hearing in consideration of the fact that certain Bench decisions of this Court took inconsistent views in regard to admissibility of confessional statements which did not satisfy the requirement of S. 164 (3) of the Code of Criminal Procedure. That is how these appeals have come for hearing before us.

3. U. D. Case No. 8 dated 3-4-1971 was registered by the Officer-in-charge of Bonth Police station on the basis of the death of Lakshmi Devi and Prafulla Kar who were wife and son respectively of one Narayan Kar, on the report of the Medical Officer of the Bonth Government Dispensary (P. W. 10). During investigation of the said U. D. case, the Investigating Officer came to learn that at about 9 a. m. on 3-4-1971 while Lakshmi was ill and was being nursed by appellant Shanti, the deceased was given some liquid food in which poison was suspected to have been added. He further gathered that on the previous day i. e. 2-4-1971, the appellant Tauli Jena had made over some liquid in a bottle and had instructed Shanti to administer the same mixed with curd to Lakshmi. The Officer-in-charge, therefore, drew up the First Information Report on 5-4-1971 and took up investigation.

4. Prosecution case briefly stated is that on 2-4-1971 in the evening Tauli Jena handed over a small bottle containing deadly poison to Shanti on receiving payment of Rs. 30/-. Tauli instructed Shanti that the contents of the bottle be mixed with curd and the same be administered to Lakshmi by way of Sarbat. Tauli claimed payment of Rs. 100/- in case Lakshmi died by this process. Lakshmi was ill and was being treated by members of the family. Next day at about 9 a.m. when Lakshmi asked for water to drink, Shanti offered Sarbat and prepared the same by adding the contents of the bottle to the Sarbat made out of curd. While Lakshmi was drinking, her young daughter Geeta insisted upon being given Sarbat. Lakshmi s mother (P. W. 9) thereupon gave the glass to Geeta and she took a few sips. Shanti then took the glass and put it on a wooden frame near about. Shanti s young son Prafulla who was then running about came and drank the rest of the contents of the glass. These persons were rushed for medical help but soon thereafter, Lakshmi, Geeta and Prafulla died. On chemical examination, poison was detected in the liquid substance in the bottle as also in the viscera of Geeta. After investigation, accused persons were sent up for trial.

5. Appellant Tauli denied all the allegations of the prosecution and pleaded that he had been falsely implicated on account of some dispute between him and the Officer-in-charge of the Police Station in regard to price of fish taken by the Police Officer from him. Shanti denied her complicity in the alleged offence and maintained that she was not in her proper senses when a confessional statement is said to have been recorded by the Magistrate.

6. To prove its case, prosecution examined as many as 17 witnesses of whom some happen to be relations. To support the plea of alibi of Tauli, D. W. 1 was examined. Several documents were