Out of the persons who were on relay fast the prosecution had tendered Jagannath PW.32 and Ram Narayan Prasad PW.34 for cross examination.
11, 33, 40, 41 and 42.
The incident which led to the trial of the three respondents took place in village Bairgania on 9.2.1979 at about 8.30 p.m. There is a Power House at Bairgania.
Banwari Lal respondent No.3 was charged under section 120B IPC for having entered into a companyspiracy with the other two accused in pursuance of which poisonous substance was administered to the deceased and six others.
79 of 1979/15 of 1980 and acquitted the accused of all the charges levelled against them.
Others were number examined on the ground that they were won over by the defence.
AT about 8.30 p.m. on that day accused Rajdeo respondent No.2 reached that place.
Special leave petition against respondent No.3 Banwarilal was dismissed.
The charge against Banwari Lal was held proved on the basis of the evidence of Pws.
The prosecution had also tendered Hari Narayan PW.3 for cross examination.
On the basis of all this evidence the trial companyrt came to the companyclusion that companyplicity of Ramnath and Rajdeo was established beyond doubt by the prosecution.
The prosecution had examined Dr. Ashok Kumar Gupta PW.13 and Dr. Vishwanath Prasad PW.31 who had treated the affected person at Bairgania.
Even after he treated them, their companydition did number improve and, therefore, two other doctors were went for.
They also led evidence in defence.
He had companyducted the post mortem examination of the dead body of Bishwanath Prasad Rajgaria on 10.2.1979.
One the basis of the medical evidence and the reports regarding chemical examination of blood, vomit and stool the trial companyrt found that Bishwanath Prasad Rajgaria, Hari Narayan and Bigu Ram were administered glycosides of oleander kanar and that oleander is a highly poisonous substance.
This Court granted leave to appeal against Ramnath Prasad and Rajdeo Prasad only.
493 of 1980 and 20 and 49 of 1981.
The High Court was number right in observing that the three doctors namely vishwanath Prasad PW.31 , Kameshwar Prasad PW.30 and Ashok Kumar Gupta PW.13 were at the Rest House from 9.30 p.m. onwards.
Dr. Kameshwar Prasad Pw.30 was working as Head of the Department of Forensic Medicine, S.K. Medical College at Muzaffarpur.
Accused Ramnath was charged under section 302 IPC and also under sections 307 and 328 IPC.
Though the chemical examination reports of the other affected persons did number show presence of oleander, on the basis of the medical evidence it was held that they had also suffered effects of eating a poisonous substance.
The High Court allowed the three appeals, set aside the order of companyviction and sentence passed by the Court of Additional Sessions Judge, Sitamarhi in Sessions Trial No.
In the companyplaint he stated he was suspecting that Rajdeo and Ramnath had deliberately and knowingly administered some poisonous substance to those persons and, therefore, Bishwanath Prasad Rajgaria had died and others had became ill.
All the three respondents challenged their companyviction before the High Court by filing separate appeals.
The trial companyrt disbelieved the evidence of Dharamnath Prasad PW 27 who during his cross examination stated that when he had gone to the Rest House at about 3.30 p.m. he had seen the persons sitting on relay fast eating Chura and Bhuja and at that time Hari Narayan was present.
In spite of the treatment given by the doctors companydition of those persons did number improve.
The prosecution had also examined Kamal Prasad Jaiswal PW 6 and Kodai Shah PW.28 who were present when Chandradeo gave his companyplaint and who had also signed the same.
After companypletion of the investigation and filing of the charge sheet the three accused were charged and tried for companymitting the murder of Bishwanath Rajgaria and for attempting to companymit the murders of Bigu Ram, Ram Narayan, Ram Gopal Rajgaria, Hari Narayan and Bishwanath Chaudhary by administering poison to them.
A case was registered on basis of the said companyplaint.
Nothing else was alleged against him.
It also held that the death of Bishwanath Prasad Rajgaria was due to the poison given to him.
One Dharmnath Prasad PW.27 was examined to prove that he was told by Bishwanath Chaudhary and Hari Narayan that accused Ramnath had given prasad to them.
As regards respondent No.2 Rajdeo, the learned companynsel for the State was number able to point out any other evidence except the evidence of PWs.5, 9, 32, 34 and 35 which only proves that he had companye to the Rest House a few minutes after Ramnath Prasad had gone there and that when the persons sitting on fact were reluctant to take the prasad he had told them that they should take it as it was prasad of God and by taking it fast cannot be said to have been broken.
Those persons started vomiting and purging and their companydition started deteriorating.
Dr. Kameshwar Prasad had sent information to the police station regarding the companydition of those seven persons and, therefore, the police came to the Rest House at about 5 a.m. and recorded the companyplaint of Chandradeo Prasad alias Raj Guru.
The trial companyrt also relied upon the circumstance that soon after the incident accused Ramnath and Rajdeo had disappeared from the village.
They sat for some time with the persons who were on fast and then accused Ramnath took out a small packet from his pocket and offered powder like substance to Bishwanath Prasad and told him that it was prasad from Varanasi.
In order to prove its case the prosecution had examined the following eye witnesses Chandradeo, the informant PW.2 , Ram Gopal Rajgaria PW.5 , Kamal Prasad Jaiswal PW.6 and Bigu Ram PW.9 .
So, Dr. Vishwanath Prasad was called.
The trial companyrt rejected the companytention that the evidence of Dr. Vishwanath Prasad should number be believed because the other doctors had number so stated in their evidence for the reason that the other doctors were number asked any question on that point.
The accused totally denied their involvement in the incident.
Bishwanath Prasad Rajgaria died at about 3.30 a.m. The other six affected persons were removed to Sitamarhi Hospital and with better treatment there they survived.
he was soon followed by accused Ramnath respondent No.1 .
Even dharamnath therefor had stated that at about 3.30 p.m. the persons on relay fast had taken Chura and Bhuja, admitted that he had gone to the Rest house at 9 p.m. and when he had enquired what had happened to Bishwanath Prasad Rajgaria and others he was told that Ramnath had given some prasad to them and thereafter their companydition had become serious.
NANAVATI, J. These appeals by special leave are filed by the State of Bihar against the judgment and order of the Patna High Court in Criminal Appeal Nos.
Rajdeo was charged under sections 302, 307, 328/34 and 302/109 IPC.
