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1991 Supreme(MP) 175

P.C.PATHAK, S.K.CHAWLA
Budhwara Bai – Appellant
Versus
State of M. P. – Respondent


Advocates:
D.N. Pandey for appellant; A.S. Jha, Government Advocate for State.

JUDGMENT

P.C. Pathak, J. -- 1. The appellant was convicted under section 302, IPC, and was sentenced to imprisonment for life for the murders by poisoning of Dayaram and Karmaha, father and son respectively on 29.11.1983, in village Bada Gantoli, P.S. Sarangarh, district Raigarh.

2. Deceased Dayaram was the father-in-law of the appellant while deceased Karmaha was the elder brother of the appellant's husband Mahabir. The appellant with her husband and deceased Karmaha lived in separate rooms though of one house. Dayaram lived for a fortnight with Karmaha and next fortnight with Mahabir. Karmaha was a widower and he used to make gestures insulting her modesty contemplating illicit sex with her. The prosecution alleges that the appellant bought poison from Sarangarh and administered it with vegetable bitter gourd (Monordica Chentia) served along with meals to both the deceased both started vomiting and eventually died in the house.

3. Dabal (PW-2) received a call from appellant's husband Mahabir. On visit, he noticed that Dayaram and Karmaha were vomiting. Karmaha died soon thereafter. He went to village Kotwar Resham (PW-1) and returned with him to the appellant's house. By then Day


























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