{"id":107867,"date":"2010-07-28T00:00:00","date_gmt":"2010-07-27T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/suruti-bai-vs-state-of-chhattisgarh-on-28-july-2010"},"modified":"2015-10-21T14:40:14","modified_gmt":"2015-10-21T09:10:14","slug":"suruti-bai-vs-state-of-chhattisgarh-on-28-july-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/suruti-bai-vs-state-of-chhattisgarh-on-28-july-2010","title":{"rendered":"Suruti Bai vs State Of Chhattisgarh on 28 July, 2010"},"content":{"rendered":"<div class=\"docsource_main\">Chattisgarh High Court<\/div>\n<div class=\"doc_title\">Suruti Bai vs State Of Chhattisgarh on 28 July, 2010<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n  HIGH COURT OF CHATTISGARH AT BILASPUR          \n\n Criminal Appeal No 949 of 2003\n\n Suruti Bai\n                                              ...Petitioners\n                             Vs\n State of Chhattisgarh\n                                              ...Respondents\n\n\n! Shri K K Singh counsel for the appellant\n\n^ Shri Sandeep Yadav Dy Govt Advocate for the State\n\n CORAM: Honble Shri Dhirendra Mishra &amp; Honble Shri R N Chandrakar J   \n\n Dated: 28\/07\/2010\n\n: Judgement \n\n                      J U D G M E N T\n<\/pre>\n<p>                  Delivered on 28 72010<\/p>\n<p>      Criminal Appeal under Section 374 2 of the C r P C<\/p>\n<p>Per  Rangnath Chandrakar, J.\n<\/p>\n<p>  1.    The  appellant has preferred this criminal  appeal<\/p>\n<p>     under Section 374(2) of the Code of Criminal Procedure<\/p>\n<p>     against the judgment of conviction and order of sentence<\/p>\n<p>     dated 14-2-2003 passed in Sessions Trial Case No. 171 of<\/p>\n<p>     2002, whereby learned 2nd Additional Sessions Judge (FTC)<\/p>\n<p>     Korba, has convicted the appellant  under Section 302 of<\/p>\n<p>     the Indian Penal Code for committing murder of  Krishna<\/p>\n<p>     Kumar, a child aged about 3 &#8211; 4 years and sentenced her<\/p>\n<p>     to undergo life imprisonment and to pay fine of Rs.500\/-,<\/p>\n<p>     in default of payment of fine to undergo further RI for<\/p>\n<p>     three months.\n<\/p>\n<p>2.   The case of the prosecution, in brief, as projected<br \/>\nin the impugned judgment is that on 19-2-2002 in the<br \/>\nmorning, Vishwanath (PW\/1) along with his wife Sheet Bai<br \/>\n(PW\/15), his father Sonauram and his son Khemlal (PW\/17)<br \/>\nwent to the field of Murari Jaiswal of their village for<br \/>\nmaking bricks, leaving Manoj Kumar (PW\/16) and Krishna<br \/>\nKumar (the deceased) in the house.  After some time, Manoj<br \/>\nKumar also came there along with Krishna Kumar (deceased)<br \/>\nwhereupon Vishwanath sent back Krishna Kumar along with<br \/>\nKhemlal to the house.  Thereafter, at about 10:00 a.m.<br \/>\nKhemlal (PW\/17) brought Krishna Kumar to him in the field<br \/>\nand stated that Krishna Kumar was given some medicine to<br \/>\ndrink by the appellant as a result of which he was<br \/>\nsuffering from stomachache.  On this, Vishwanath smelt the<br \/>\nbreathing of Krishna Kumar and detected the foul smell<br \/>\ncoming from his mouth.  On asking, Krishna Kumar replied<br \/>\nthat the appellant gave him some medicine to drink.<br \/>\nThereafter, Krishna Kumar was brought to the house where<br \/>\nhe was caused to vomit and was examined by one Firatram<br \/>\nYadav (PW\/19) an employee of the Govt. Hospital of the<br \/>\nvillage, who advised to take Krishna Kumar to Govt.<br \/>\nHospital, Korba immediately.  Krishna Kumar was taken to<br \/>\nthe Govt. Hospital, Korba where he died after some time<br \/>\nduring treatment.  Dr. D.K. Shrivastava (PW\/18) sent<br \/>\nmorgue intimation (Ex.P\/15) to police out post Rampur<br \/>\nwhere morgue intimation (Ex.P\/7) was registered at zero.<br \/>\nThereafter, inquest (Ex.P\/1) was prepared over the person<br \/>\nof the deceased by A.S.I. Grahan Singh Rathore (PW\/12) and<br \/>\nsent the (Ex.P\/7) to police station, Kartala for<br \/>\nregistration of crime where morgue intimation (Ex.P\/17)<br \/>\nwas registered.  Thereafter, the S.H.O. M.P. Tondon<br \/>\n(PW\/13), police station, Kartala proceeded to village<br \/>\nChiknipali, the place of occurrence and after recording<br \/>\nthe statements of witnesses, recorded Dehati Nalisi<br \/>\n(EX.P\/10)  on the basis of which FIR (Ex.P\/11) was<br \/>\nregistered  in police station, Kartala. Postmortem of the<br \/>\ndead body of Krishna Kumar was conducted by Dr. D.K.<br \/>\nShrivastava (PW\/18), spot map was prepared by  Patwari<br \/>\nNand Kishore Singh (PW\/14) and `monochrotophos&#8217; pesticide<br \/>\nin a plastic container  was seized vide Ex.P\/6 on being<br \/>\nproduced by Firturam (PW\/7), the husband of the appellant.\n<\/p>\n<p>3.   The viscera preserved from the body of the deceased<br \/>\nduring postmortem was sent to FSL for chemical examination<br \/>\nand report thereof was received  (Ex.P\/18), according to<br \/>\nwhich presence of  organo phosphorous  pesticide<br \/>\nMonochrotophos was found in the viscera of the deceased .\n<\/p>\n<p>4.   After completing the investigation, charge sheet was<br \/>\nfiled against the appellant and after committal of the<br \/>\ncase to the Court of Sessions Judge, learned Additional<br \/>\nSessions Judge, received the case on transfer for trial.<br \/>\nLearned Additional Sessions Judge framed charges under<br \/>\nSections 302 of the IPC for causing death of Krishna<br \/>\nKumar, a child aged about 3-4 years. The appellant abjured<br \/>\nher guilt.\n<\/p>\n<p>5.   Prosecution in order to establish the charges against<br \/>\nthe appellant examined 20 witnesses in all.  Thereafter<br \/>\nthe statement of the accused\/appellant was recorded under<br \/>\nSection 313 of the Code of Criminal Procedure, in which<br \/>\nshe denied the circumstances appearing against her and<br \/>\npleaded her innocence and false implication.\n<\/p>\n<p>6.   The trial Court after hearing counsel for the<br \/>\nrespective parties convicted and sentenced the appellant<br \/>\nas mentioned in paragraph one of the judgment.\n<\/p>\n<p> 7.    Krishna  Kumar&#8217;s,  a  child  death  on  account  of<\/p>\n<p>     poisoning has not been disputed.  From the evidence of Dr.<\/p>\n<p>     D.K. Shrivastava (PW\/18), who conducted post-mortem and <\/p>\n<p>     opined that the cause of death was shock and coma as a<\/p>\n<p>     result of ingestion of some poisonous material and also<\/p>\n<p>     from the FSL report Ex.P\/18, it is established that the<\/p>\n<p>     deceased died as a result of consuming poisonous substance<\/p>\n<p>     Monochrotophos.\n<\/p>\n<p>8.   Shri K.K. Singh, learned counsel for the appellant<br \/>\nvehemently argued that in order to sustain conviction in<br \/>\nthe case of murder by poisoning, the prosecution is duty<br \/>\nbound to establish that the accused had a clear motive for<br \/>\nadministering poison to the deceased.  There is no<br \/>\nevidence available on record that the appellant had any<br \/>\nmotive for committing murder of the deceased.  There is no<br \/>\nevidence that the accused had poison in her possession and<br \/>\nthat she had an opportunity to administer poison to the<br \/>\ndeceased.  There is no eye-witness to the incident and the<br \/>\nsole case rests on the circumstantial evidence and the<br \/>\nprosecution has utterly failed to connect the chain of the<br \/>\ncircumstances and there are so many contradictions,<br \/>\nomissions and improvements in the statements of the<br \/>\nprosecution witnesses.  Therefore, the conviction and<br \/>\nsentence is not sustainable.\n<\/p>\n<p>9.   On the other hand, Shri Sandeep Yadav, Dy. Government<br \/>\nAdvocate, appearing on behalf of the State supported the<br \/>\nimpugned judgment.\n<\/p>\n<p> 10.   We  have heard learned counsel for the parties  and<\/p>\n<p>     perused the record of the trial court as well as  the<\/p>\n<p>     impugned judgment.\n<\/p>\n<p>11.  The Hon&#8217;ble Supreme Court in the matter of <a href=\"\/doc\/1746241\/\">Sharad<br \/>\nBirdhichand Sarda vs. State of Maharashtra<\/a> {(1984) 4 SCC<br \/>\n116} while considering murder by poison or suicide has<br \/>\nheld in paragraph 165 of the judgment thus.\n<\/p>\n<blockquote><p>        &#8220;So  far  as  this matter is concerned,  in<br \/>\n        such  cases  the court must carefully  scan<br \/>\n        the   evidence  and  determine   the   four<br \/>\n        important  circumstances  which  alone  can<br \/>\n        justify a conviction:\n<\/p><\/blockquote>\n<blockquote><p>        (i)  there is a clear motive for an accused to administer<br \/>\n            poison to the deceased;\n<\/p><\/blockquote>\n<p>(ii) that the deceased died of poison said to have been<br \/>\nadministered;\n<\/p>\n<p>(iii)     that the accused had the poison  in his<br \/>\npossession;\n<\/p>\n<p>(iv) that he had an opportunity to administer the poison<br \/>\nto the deceased.&#8221;\n<\/p>\n<p> 12.  This court in the matter of Krishna Vs. State of C.G.\n<\/p>\n<p>     {(2008 (1) CGLJ 107 (DB) } following the above judgment of<\/p>\n<p>     the Supreme Court, considering that the motive was not<\/p>\n<p>     proved  for administering poison and also considering<\/p>\n<p>     material contradictions in the evidence of prosecution<\/p>\n<p>     witnesses and the manner adopted in administering poison,<\/p>\n<p>     had acquitted the appellant.\n<\/p>\n<p>13.  There is no eye-witness to the incident and the case<br \/>\nrests upon the circumstantial evidence, therefore, we<br \/>\npropose to examine the oral evidence adduced by the<br \/>\nprosecution in the light principles of law laid down by<br \/>\nthe Hon&#8217;ble Supreme Court in the matter  of Sharad<br \/>\nBirdhichand  Sarda (supra) to ascertain whether in the<br \/>\npresent case the four important circumstances have been<br \/>\nestablished or not.\n<\/p>\n<p>                  Whether there is a clear motive for  the<br \/>\n     accused to<br \/>\n                 administer poison to the deceased?\n<\/p>\n<p> 14.   The  trial Court  neither considered nor  discussed<\/p>\n<p>     about this important circumstance in its judgment  and<\/p>\n<p>     drawn  adverse inference  in para  22 of the impugned<\/p>\n<p>     judgment  on the basis of the defence  taken  by  the<\/p>\n<p>     appellant that she was falsely implicated  because of the<\/p>\n<p>     illicit relation between her husband the mother of the<\/p>\n<p>     deceased.  The Trial Court wrongly held that the illicit<\/p>\n<p>     relation between the husband of the appellant and the<\/p>\n<p>     mother of the deceased was the motive to cause death of<\/p>\n<p>     the  deceased by the appellant. From the evidence  of<\/p>\n<p>     Firturam (PW\/7),husband of the appellant and Sheet Bai<\/p>\n<p>     (PW\/15), mother of the deceased,  it is clear that both of<\/p>\n<p>     them denied the illicit relation between them and  for the<\/p>\n<p>     sake of argument,  if it is accepted then also the motive<\/p>\n<p>     is not proved because  by causing death of the deceased<\/p>\n<p>     the  appellant  gets nothing and her problem  remains<\/p>\n<p>     unsolved.   It is pertinent to mention here that  the<\/p>\n<p>     appellant did not have any grudge against the deceased but<\/p>\n<p>     she was having grudge with her husband Firturam and Sheet<\/p>\n<p>     Bai, the mother of the deceased.  Thus, the inference<\/p>\n<p>     drawn by the trial court is unsustainable and declined<\/p>\n<p>     holding that the prosecution failed to establish the most<\/p>\n<p>     important circumstance against the appellant.\n<\/p>\n<p>15.  So far as the second circumstance is concerned,  it<br \/>\nis clear from the  deposition of Dr. D.K. Shrivastava<br \/>\n(PW\/18) and FSL report (Ex.P\/18)  that the deceased died<br \/>\ndue to consumption of  Organo-Phosporous pesticide<br \/>\nMonochrotophos as we have already discussed  in foregoing<br \/>\nparagraphs.\n<\/p>\n<p>16.  Now coming the third circumstance, whether the<br \/>\naccused appellant was in possession of the alleged poison<br \/>\nat the time of incident?  It is clear from the evidence<br \/>\navailable on record that the alleged poison was seized in<br \/>\nthe Police Station being produced by   Firturam (PW\/7),<br \/>\nwho deposed that on the date of incident he was not<br \/>\npresent in his house and had gone to Shakti market from<br \/>\nwhere he returned after two days.  He had concealed the<br \/>\nalleged poison seized vide Ex.P\/6 in his house so that no<br \/>\nbody could consume it.   In his cross-examination in para<br \/>\n10 he admitted that the seized poison was brought out from<br \/>\nthe place where it was kept by him.  The other witnesses<br \/>\nof seizure are Amar Prasad (PW\/9) and Hariram (PW\/10), the<br \/>\nvillage Kotwar.  Amar Prasad (PW\/9) deposed that he did<br \/>\nnot know from where the seized poison was brought by<br \/>\nFirturam as he had not gone  with him to his house.<br \/>\nHariram (PW\/10) stated in his cross examination  that the<br \/>\nseized poison  was neither discovered by the Police nor<br \/>\nby him  and Amar Prasad from the house of Firturam but the<br \/>\nsame was  brought out by Firturam himself.   Both the<br \/>\nseizure witnesses also stated that they signed the seizure<br \/>\nmemo (Ex.P\/6) in Police Station and leaving it in the same<br \/>\ncondition in which it was brought to the police station<br \/>\nwent to their house.  They did not know what was done with<br \/>\nthe seized container of poison by the police after seizing<br \/>\nthe same.  Thus, from the aforesaid evidence, it is clear<br \/>\nthat the alleged poison was not seized on the basis of<br \/>\nmemorandum of accused\/appellant from her possession.   It<br \/>\nis also clear that the seized poison was not sealed before<br \/>\nthe witnesses and on scanning the evidence of Firturam<br \/>\n(PW\/6) it is nowhere found that the seized poison was<br \/>\nwithin the knowledge of the appellant. Thus, the<br \/>\nprosecution failed to prove that the appellant was in<br \/>\nexclusive possession of the alleged poison.\n<\/p>\n<p>17.  So far as fourth circumstance that whether the<br \/>\naccused had an opportunity to administer the poison to the<br \/>\ndeceased is concerned, there were two witnesses to this<br \/>\nfact namely Khemlal (PW\/17) and  Prakash (PW\/5).  Prakash<br \/>\n(PW\/5) was discharged without examination, as he was not<br \/>\nfound competent for recording his evidence by the trial<br \/>\ncourt.   Now, the entire prosecution story rests upon the<br \/>\nevidence of Khemlal (PW\/17), the elder brother of the<br \/>\ndeceased. He deposed that on the date of incident he along<br \/>\nwith his parents, elder brother Manoj Kumar and deceased<br \/>\nwent for making bricks. At about 10.00 a.m., he   brought<br \/>\nKrishna Kumar (deceased) to the house and started<br \/>\ncollecting clothes and soap for going to bath, as he had<br \/>\nto go to school.  At that time, the deceased was playing<br \/>\nalong with Prakash (PW\/5) in the street where the<br \/>\nappellant came and took them to her house.  He inquired<br \/>\nfrom the appellant about the deceased as to whether he was<br \/>\nin her house, the appellant replied in negative.<br \/>\nThereafter, when he returned to his house after taking<br \/>\nbath from hand pump, the appellant brought out the<br \/>\ndeceased from her house after giving him some medicine to<br \/>\ndrink and went towards her kitchen garden with an axe.<br \/>\nThe deceased was weeping and on query that who beat him,<br \/>\nhe replied that the appellant made him to drink some<br \/>\nmedicine.  Thereafter, he took the deceased to his parents<br \/>\nand asked his father to smell the mouth of the deceased<br \/>\nwhereupon his father smelt the breathing of the deceased<br \/>\nand asked him then the deceased replied that the appellant<br \/>\nmade him to drink some medicine.  His mother took the<br \/>\ndeceased to the house at that time he was to become<br \/>\nunconscious.    The village doctor Yadav was called who<br \/>\nadvised to take the deceased to Korba whereupon his father<br \/>\ntook the deceased to Korba where he died.   In the cross<br \/>\nexamination, he admitted that he neither saw the deceased<br \/>\ndrinking anything nor was made to drink anything by<br \/>\nanybody.  Apart from this, there are so many<br \/>\ncontradictions, omissions and improvements in his<br \/>\nstatement as pointed out by the defence.\n<\/p>\n<p>18.  Vishwanath (PW\/1) and Sheet Bai (PW\/15) are the<br \/>\nparents of the deceased.  Both the witnesses deposed that<br \/>\nKhemlal (PW\/17) brought the deceased to them and they<br \/>\nsmelt the foul smell of medicine (poison) coming from the<br \/>\nmouth of the deceased.  Khemlal narrated them about<br \/>\nadministering poison to the deceased by the appellant.<br \/>\nBoth of them made contradictory statement before the<br \/>\ncourt.   On the one hand,  they made the statement that<br \/>\nwhen the deceased was brought to them  the deceased told<br \/>\nthem that he was given some medicine to drink by the<br \/>\nappellant whereas Vishwanath in para 7 categorically<br \/>\nstated that when the deceased was brought to him,  he was<br \/>\nin unconscious condition and  same statement was made by<br \/>\nSheet Bai in para 12 of her cross examination.   In view<br \/>\nof the aforesaid contradictions in their statements, it<br \/>\ncannot be held that when  the deceased was brought to his<br \/>\nparents, he was in a condition to narrate the incident.<br \/>\nVishwanath also admitted in para 9 that there was no<br \/>\nprevious enmity with the appellant. Apart from the above,<br \/>\napparently, there are material contradictions, omissions<br \/>\nand improvements in their statements as pointed out by the<br \/>\ndefence.\n<\/p>\n<p>19.  In view of the aforesaid analysis, we  find  that<br \/>\nthere  is no  eye-witness to the incident and Prakash<br \/>\n(PW\/5)  who was said to have been  along with the deceased<br \/>\nat the time of incident was discharged without examination<br \/>\nbeing found incompetent for recording his evidence by the<br \/>\ntrial court. The other witnesses examined by the<br \/>\nprosecution are not material witnesses being hearsay<br \/>\nwitnesses.   The case of the prosecution mainly rests upon<br \/>\nthe testimonies of Khemlal (PW\/17), Vishwanath (PW\/1) and<br \/>\nSheet Bai (PW\/15) who were not the eye-witnesses and there<br \/>\nare material contradictions, omissions and improvements in<br \/>\ntheir statements. In such condition, their statements<br \/>\ncannot be held reliable. Further, the alleged poison was<br \/>\nneither found nor seized from the exclusive possession of<br \/>\nthe appellant and there is no evidence on record that<br \/>\nafter seizure the same was sealed in presence of the<br \/>\nwitnesses. It is also evident that there was no motive for<br \/>\nthe appellant to cause death of the deceased. Thus, the<br \/>\nprosecution also failed to prove the circumstance that it<br \/>\nwas  only the accused\/appellant  who had an opportunity to<br \/>\nadminister poison to the deceased.\n<\/p>\n<p>20.  For the aforesaid reasons, we are of the opinion that<br \/>\nthe prosecution has failed to establish the case against<br \/>\nthe appellant beyond all reasonable doubt as the chain of<br \/>\ncircumstantial evidence has not been proved  to fasten the<br \/>\nguilt on the accused\/appellant.\n<\/p>\n<p>21.   Accordingly, the appeal succeeds and is hereby<br \/>\nallowed. The impugned judgment of conviction passed by the<br \/>\ntrial Court convicting the appellant under Section 302 of<br \/>\nthe IPC, is set aside.  The appellant is in jail.  She be<br \/>\nset at liberty forthwith, if not required in any other<br \/>\ncase.\n<\/p>\n<p>                                                     JUDGE<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Chattisgarh High Court Suruti Bai vs State Of Chhattisgarh on 28 July, 2010 HIGH COURT OF CHATTISGARH AT BILASPUR Criminal Appeal No 949 of 2003 Suruti Bai &#8230;Petitioners Vs State of Chhattisgarh &#8230;Respondents ! Shri K K Singh counsel for the appellant ^ Shri Sandeep Yadav Dy Govt Advocate for the State CORAM: Honble Shri [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[12,8],"tags":[],"class_list":["post-107867","post","type-post","status-publish","format-standard","hentry","category-chattisgarh-high-court","category-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Suruti Bai vs State Of Chhattisgarh on 28 July, 2010 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/suruti-bai-vs-state-of-chhattisgarh-on-28-july-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Suruti Bai vs State Of Chhattisgarh on 28 July, 2010 - Free Judgements of Supreme Court &amp; 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