HARI KEWAL Vs. STATE OF U P
LAWS(ALL)-2009-7-99
HIGH COURT OF ALLAHABAD
Decided on July 02,2009

HARI KEWAL Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Subhash Chandra Agarwal, J. - (1.)CRIMINAL Appeal No. 240 of 2006, has been filed by appellants Hari Kewal and Ghurahu and CRIMINAL Appeal No. 295 of 2006 has been filed by appellant Smt. Sursatia against the judgment and order dated 7.1.2006, passed by the Addl. Sessions Judge, (Fast Tract Court No. 4), Deoria whereby Smt. Sursatia was convicted under Sections 302 and 328, I.P.C. and was sentenced to imprisonment for life and to pay a fine of Rs. 2,000 and in default to further undergo S.I. for one year under Section 302, I.P.C. and to undergo R.I. for five years and to pay a fine of Rs. 500 and in default to further undergo S.I. for one month under Section 328, I.P.C. Similarly the appellants Hari Kewal and Ghurahu were convicted under Section 302 read with Section 34, I.P.C. and Section 328 read with Section 34, I.P.C. and sentenced to life imprisonment and to pay a fine of Rs. 2,000 each and in default to undergo S.I. for one year under Section 302/34, I.P.C. and to undergo R.I. for five years and to pay a fine of Rs. 500 and in default to undergo S.I. for one month under Section 328/34, I.P.C. Both the sentences to all the accused-appellants was directed to run concurrently.
(2.)THE incident took place on 20.2.1995 at about 9 a.m. at the house of the complainant Sunder (P.W. 1) in village Musaila Bujurg. F.I.R. Ext. Ka-1 was lodged by the complainant at P. S. Khukhundu, district Deoria on 21.2.1995 at 20.25 hours.
Prosecution story as unfolded in the F.I.R. is that the appellant Smt. Sursatia is daughter-in-law of the complainant and had illicit relationship with appellants Hari Kewal and Ghurahu, who reside in the same village Musaila Bujurg. Civil litigation between the complainant on one side and the appellants Hari Kewal and Ghurahu on the other side was going on. On 20.2.1995 at 9 a.m. Smt. Sursatia came to the house of the complainant at 9 a.m. from the house of appellant Hari Kewal, who gave Smt. Sursatia a small packet (puria). When the complainant enquired from Smt. Sursatia about the puria, she disclosed that it was prashad. The appellant Smt. Sursatia gave prashad to her husband Muktinath (son of the complainant). Muktinath ate the prashad but soon after started vomiting. Muktinath was taken to Government Hospital at Deoria by taxi where the doctor disclosed that Muktinath had been poisoned. Muktinath died in the evening during treatment. On the next day after post-mortem examination, the complainant lodged F.I.R. Ext. Ka-1 at Police Station, Khukhundu. On the basis of F.I.R. Ext. Ka-1, Head Constable Harish Chandra Yadav (P.W. 6) prepared check report Ext. Ka-4 and registered the Crime No. 22/95 under Sections 302, 328 and 120B, I.P.C. against the appellants by making an entry at Serial No. 31 in the G. D. (copy Ext. Ka-5).

S.H.O. Sri Mewa Ram Bharti (P.W. 7) took over the investigation. He recorded the statement of the complainant in the case diary, went to the place of occurrence and recorded the statement of other witnesses. On 22.2.1995 the Investigating Officer inspected the spot, prepared site plan Ext. Ka-7, took sample of food vomited by the deceased, prepared memo Ext. Ka-8 and arrested the appellants.

(3.)INQUEST proceedings were held by S.I. Vibhuti Yadav on 21.2.1995 at the Civil Hospital, Deoria. He prepared inquest report Ext. Ka-9 and connected papers photo Nash Ext. Ka-10, sample seal Ext. Ka-11, letter to R.I. Ext. Ka-12, Form 13 Ext. Ka-13 and letter to C.M.O. Ext. Ka-14.
The autopsy on the dead body of the deceased Muktinath was conducted on 21.2.1995 at 4 p.m. The deceased was aged about 25 years. Rigor Mortis was present in both the limbs. White froth was coming out from the mouth. Nails were blue. There was no anti-mortem injury on the dead body. Brain, lungs and kidneys were congested. Stomach contained 250 gms. semi-digested food. There were gases and fluid in the intestines. Cause of death could not be ascertained. Viscera was preserved. The death of Muktinath took place on 20.2.1995 at 5.10 p.m. at District Hospital, Deoria. Post-mortem report is Ext. Ka-2.



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