1995 Supreme(MP) 870

R.S. Garg, J.
Prakash v. State of M.P.
Cr.A. No. 696 of 1986 (J); Decided on 10.10.1995.

Headnote:Penal Code, 1860 -- S. 328 -- offence under u proved by direct evidence -- statements natural -- experts report also corroborating -- offence made out.

       naM lafgrk] 1860 & /kkjk 328 & ds v/khu vijk/k & izR;{k lk{; }kjk lkfcr & dFku izkd`frd & fo‘ks"k fjiksVZ }kjk Hkh laiqf"V & vijk/k curk gSA

        The appellants being aggrieved by the judgment dated 20.6.86 passed in Sessions Trial No. 161/84 by the IInd Addl. Sessions Judge, Bilaspur convicting them u/s 328 I.P.C. and sentencing them to undergo R.I. for six months have preferred this appeal.

        Held : PW-3 Shivkanya has clearly stated that on the date when her brother Prithviraj died she saw the accused persons grinding something on the wooden plank. On her enquiries from the accused persons she was turned out of the room. She has also testified that the accused persons mixed the said powder in Jageri and administered the same to her brother Prithviraj, who consumed the same. After about some time deceased started shouting and at that point of time PW-1 Jalim Singh and PW-2 Chandrika came to the deceased. The deceased in presence of PW-1, PW-2, PW-3 Shivkanya and PW-4 Itwari stated that the accused had administered him some poisonous substance. PW-2, PW-3 and PW-4 have also stated that such was the statement made by the deceased in their presence.

        The statement of PW-3 is natural it can be safely relied upon. Statement of PW-2, PW-3and PW-4 cannot be challenged. They are creditworthy. It is certain from the statement of these witnesses, that some poisonous substance was administered to the deceased.

        The learned trial Court after finding that the facts as alleged by the prosecution were proved was impressed by the fact that the said powder was also consumed by accused Prakash. The trial Court was of the opinion that there is no intention to kill. The said findings are based on legal appreciation of the evidence. I do not find anything wrong in it. I have considered the evidence, the medical report, the report of the analyst and I have no hesitation in holding that the death was due to administration of the said poisonous substance to the deceased. I find no reason to interfere with the findings recorded by the learned trial Court. There is no force in the appeal. The appeal is liable to and is accordingly dismissed.