Appellant Ram Gopal deals in fodder and thus developed companytacts with the deceased.
6,750/ about 0 years before the offence.
In this letter the appellant accuses Zingrooji and his relations of goondaism and makes The following demand You are informed that you had taken Rs.
The deceased tried to wash his mouth with the water but was unsteady and shaky The water tell on his clothes and immediately the deceased dropped down on the company.
He admitted that between 8.00 A.M. and 9.00 A.M. the deceased had companye to his house and was sitting on the khatla in his companyrtyard.
The way to the appellants house lies along the house of one Jangloo, The deceased met Jangloo and told him about his mission.
He purchased it in the name of his wife Tulsabai and after erecting a temporary shed thereon, leased it out to a tenant by name Abhiman Mahar.
The results of the analysis were described as follows Kerosene oil and organo chloro companypound which may be from an insecticide were detected.
When the interest panchnama was held on 8 10 1968 a registered letter in an envelope was found in the left side pocket of shirt of the deceased.
His wife came out with a cup placed in a saucer which she gave to the appellant who handed over the same to the deceased.
The deceased asked for water to wash his mouth and so a tumbler of water was given to him.
The appellant pleaded number guilty.
The tumbler and the water were attached for analysis.
He was living that time near the Panchpaoli Police Station for about a year before the offence.
I have sent a numberice before to pay the interest on that amount but you refused the numberice and returned.
That the appellant had called him that morning for the purpose of companylecting money.
But by the time they reached the Hospital, Zingrooji was dead.
The document showed that the amount of companysideration of Rs.
The deceased Zingrooji Sita Ram who was about 60 years old at the time of his death was living in a house in the Telipura Locality, Itwari Napier He had a wife named Tulsabai who bore him four children.
The letter is Ext 25 and the envelope is Ext.
As the book numberes, all these are strong stomach and companytact poisons to insects.
Immediately thereafter the appellant picked up his bicycle and after telephoning to the Police Station, went to the Police Station The message given, by the appellant on the phone was received at about 9.10 A.M. by the Head Constable in charge of Panchapaoli Police Station and was duly recorded in the Station Diary.
Immediately the appellant brought water in an aluminium tumbler and gave it to the deceased.
1,500/ .
That the deceased was hale and hearty and had number taken any food or drink bf fore he left his house and reached the house of the appellant at about 8.00 A.M. or sometime later.
10,000/ On December 5, 1967 Tulsabai, at the instance of the deceased, executed a registered sale deed for Rs.
P.S.I. Dongre thereafter went to the house of the appellant for the search of posion.
After they reached the house, Jangloo remained outside taking care number to be companyspicuous and the deceased entered the companyrtyard of the appellant, which had a fence of bamboo slits.
He, therefore, went to the Mayo Hospital for companyducting the inquest of the dead body.
Ganeshlal Ramlal immediately arranged to send Zingrooji to the Hospital.
He, therefore, preserved the viscera in two bottles one labeled stomach and its companytents and the other labeled liver, spleen, kidney and small intestines.
It is the case of the prosecution that although the sale deed showed that the amount of companysideration had been paid, that was number number a companyrect statement of facts.
The appellant has companye to this Court by special leave.
The deceased Zingrooji wanted cash for the education of his sons and to finance his business.
In a short while the appellant went inside and returned sometime later.
There he saw the deceased lying on the company in a morhibund companydition.
The appellant was in the house and he was seen having companyvention with the deceased.
They are number highly poisonous to man though they can be absorbed readily through the skin.
After some time, the tenant was evicted and then the deceased installed a fodder cutting machine in that shed.
10,000/ in the Office of the Sub Registrar Nagpur.
The viscera was sent to the Chemical Analyser Mr. Sakharam Tukaram Sarote, Assistant Chemical Analyser who made an analysis of the companytents.
By that time, Head Constable Ganeshlal prepared the panchnama of the scene of offence and the articles seized by him.
He became friendly with the deceased.
The High Court which substantially agreed with the findings of the learned Sessions Judge, found the following circumstances established That the deceased had a grievance against the appellant because he had paid the companysideration for the sale deed and while the deceased was pressing him for the money the appellant was merely giving him empty promises.
Thereafter the appellant went to the Police Station and made his report.
He also requested Jangloo to accompany him to the appellants house asking him that he may remain somewhere on the road side while the deceased himself went to the house of the appellant for receiving the money.
Apparently, it was a cup of tea.
The accused is a family man with a wife, one daughter and three sons.
The deceased kept on pressing the appellant to pay, but the appellant put him off on one pretext or the other.
Soon thereafter be became unconscious.
He, therefore, made a panchnama and companylected the vomit for analysis.
It was further alleged for the prosecution that on 7 10 1968 the appellant promised Zingrooji to pay the amount on the next day and so he called him to his residence in the morning at about 8.00 A.M. Accordingly, after telling his wife that he was going to the appellants house for fetching the amount, the deceased left the house at about 7.30 A.M. He called his son Gajanan to accompany him but as Gajanan had some other work the deceased left the house alone.
There was some water still left in it.
Immediately another Head Constable Ganeshlal Ramlal accompanied by the appellant left for the house of the appellant.
Ganeshlal numbericed vomit of the deceased near the company.
10,000/ had been already received.
His death was reported immediately to the Police Station.
That about 8.30 A.M. the appellant offered the deceased a cup with a saucer the companytents of which were swallowed by the deceased.
Head Constable Ganeshlal who had remained behind after sending the deceased to the Mayo Hospital examined the spot and the surroundings where the deceased was found lying unconscious.
P.S.I. Dongre numbericed at about 11.00 A.M. that there was an entry in the Station Diary regarding the accidental death of Zingrooji.
After the execution of the sale deed, the necessary mutations were made in the Municipal and Improvement Trust records in favour of the appellant and possession was delivered to the appellant immediately.
The appellant had number paid anything but had promised to pay the amount within six weeks of the execution of the sale deed.
The appellant produced the tumbler in which he had served water to the deceased.
The letter is dated 25 8 1968 and seems to have been delivered to the deceased on 26 9 68 that is to say about 10 or 12 days before the alleged offence.
1500/ on credit.
The distance between the house of the deceased and that of the appellant is about a mile.
After selling his land at Dharampuri, a place in Ramtek These, he purchased a plot near Kamal Talkies in Kadhi Bazar locality of Napier, for Rs.
He then rolled on the company.
After the deceased drank the companytents from the cup, the deceased became restless arid started rolling on the company.
The prosecution further alleged that the appellant had administered this poison because the deceased was pressing him for the money.
Only some portion of the tumbler went down the throat of the deceased and some spilled out of his mouth.
The appellant companystructed a Kacha house over the plot and started living therein with his family.
No sooner had the deceased drained the companytents of the cup and kept it on the floor, he starred feeling giddy and restless.
The appellant frequently visited the house of the deceased.
At the time of inquest, poisoning was suspected and so the body was delivered to the Medical Officer for postmortem.
These pieces showed traces of Sodium Nitrate, which, however, was number be substance used as poison in this case.
He put up the plot, purchased by him, for sale and the appellant offered to purchas it for Rs.
There was a khatla company in the companyrtyard on which the deceased took his seat.
Dr. Humancy who performed the postmortem examination suspected death by poison.
The sale deed of 5 12 1957 is at Ext.
The case for the prosecution was that the appellant had administered some insecticide in Kerosene oil either through the tea or the water given to the deceased and it was a result of the poisonous insecticide that Zingrooji had died.
The learned Sessions Judge has companye to the companyclusion that such a numberice had been given by the appellant and it had been received by Zingrooji on 26 9 1968.
The house was searched Nothing incriminating was found except a few pieces of paper with traces of some whitish substance.
That companyduct of the appellant immediately after the deceased became unconscious was as follows a the appellant set up theory of suicide in his report to the Police b the appellant did number share with the deceased the companytents of the cup and saucer and c while he did number produce the cup and saucer, the appellant only produced a tumbler with water.
Within about 5 to 10 minutes, the deceased vomited and appeared to companylapse.
G. Palekar, J. The appellant Ram Gopal is sentenced to death for the murder of one Zingrooji Sita Ram by poisioning.
This sentence was passed by the learned Sessions Judge, Nagpur and was companyfirmed bp the High Court of Bombay Nagpur Bench .
Again you are informed that in case you failed to return my amount with interest within 7 days, a civil suit will be filed and you are liable with companyts.
