JUDGMENT Honble Mrs. Poonam Srivastav, J.—Heard Sri A. Kumar, learned counsel for the appellant and learned A.G.A. for the State. 2. The accused Gainda Lal has been convicted vide judgment and order dated 7.4.1981 passed by Xth Additional Sessions Judge, Etah in Session Trial No. 534 of 1978, State v. Gainda Lal, under Section 328, I.P.C. and sentenced to undergo 4 years R.I. 3. The occurrence is alleged to have taken place on 20.9.1973 and first information report was registered on 21.9.1973 at 1.30 A.M. by PW-1 Ram Devi, wife of Dan Sahai. She is resident of Barhunagar, Mohalla Nabab, Kasganj, District Etah. Dan Sahai PW-3 is her husband. On the date and time of occurrence Buddhsen and Khacher Mal, who are relatives of first informant, arrived at her house for purchasing donkeys from the ‘Mela’ of Sahawar and stayed at her house. She was preparing Dal of Masoor and while Dal was kept on fire, she was lying with her small child. Accused Gainda Lal is alleged to have arrived at her house and asked the first informant as to what was she cooking ? The accused went to see whether the fire was lighted properly or not. He had gone to the place where Dal was being cooked. After having dinner, her relatives and other family members, started feeling giddy and began to vomit. The condition of Kishori, Nanku, children of first informant and Khacheru Mal started deteriorating. All the persons who were ill after consuming Dal were taken to the doctor and were examined by Dr. D.R. Pahuja I/c Medical Officer, P.H.C. Kasganj, Etah. Medical reports are quoted below : Dan Sahai was examined by Dr. D.R. Pahuja, M.O. I/c P.H.C. Kasganj, Etah. on 21.9.1973 at 3 : 15 a.m. B/B Constable Hub Lal C.P. No. 26. M.O.I. : A white circular patch 15 cm below lower angle of left shoulder blade on left back lower part inner side. History : There is history of having taken pulses at night. Immdiately he felt a bitter taste in his mouth & his mouth and his throat become very dry. He could not swallow. The skin is flushed dry and hot. There is 103 of Tem. with full & bounding pulse. Injury is suffered. There is dilatation of pupil & pupils do not react to light & accommodation. He cannot see properly sometimes he sees double (Diplopia). He could not swallow. The skin is flushed dry and hot. There is 103 of Tem. with full & bounding pulse. Injury is suffered. There is dilatation of pupil & pupils do not react to light & accommodation. He cannot see properly sometimes he sees double (Diplopia). He felt server pain in his belly & vomited out. He is very restless, uncontrollable cannot stand stood or walk. His gait is staggering. He is metally confused. He picks up imaginary threads from the tip of his finger....(paper torn) & picks up bed clothes. His talk is irrelevant. He goes on muttering inaudible words. He is very violent & noisy. Provisional diagnosis : Poisoning? Dhatura? Treatment : 1. Saline water to induce vomiting. 2. Wash out his stomach with plain water preserve it for chemical analysis. 3. Wash out the stomach with stomach tube with Potassium permagnate lotus (week) till the pink colour returns. 4. Provide mixture EI State. 5. Prostigrame .5 mg. I.M. State. 6. Keep a watch on his pulse state & temp. L.T.I. of Dan Sahai attested. Nanku was examined by Dr. D.R. Pahuja, M.O., I/c P.H.C. Kasganj, Etah. on 21.9.1973 at 3 : 30 a.m. B/B Constable Hub Lal C.P. No. 26. M.O.I. An old scar 1.5 cm x 1 cm on the left side head bone 7 cm above the upper lobula of left ear. History : There is history of having taken pulses at night Immediately after taking pulses, he had (paper torn) a bitter taste in his mouth severe pain in his belly. He vomited. His face is flushed. The skin is hot & dry. The tempt. Is 103 OF. Pulse is full & bounding. Injuries are suffered. Pupils are dilated. They do not react to light and accommodation ...... (paper torn) sometimes he feels double & at other times he feels flashes before his eyes. He is mentally confused, violent, uncontrollable & goes in muttering inaudible words. Some time he speaks very loud but his talk is irrelevant. He is very restless. He goes a picking & feels imaginary threads from the tip of his fingers. He cannot sit, stand or walk. He cannot swallow anything & feels severe pain in degluption. Provisional diagnosis : Poisoning? Dhatura? Treatment : 1. Saline water immediately to induce vomiting. 2. Wash out his stomach with plain water & preserve the first ‘washout’ for chemical analysis. 3. He cannot sit, stand or walk. He cannot swallow anything & feels severe pain in degluption. Provisional diagnosis : Poisoning? Dhatura? Treatment : 1. Saline water immediately to induce vomiting. 2. Wash out his stomach with plain water & preserve the first ‘washout’ for chemical analysis. 3. Wash out the stomach with week Potassium permagnate lotus till a pink colour return. 4. Provide mixture EI State. 5. Prostigrame .5 mg. ‘M’ State. (anti dose) 6. Keep a watch on his pulse and temp. L.T.I. of Nanku attested. Kishore Lal was examined by Dr. D.R. Pahuja, M.O. I/c P.H.C. Kasganj, Etah. on 21.9.1973 at 2/3....? B/B Constable Hub Lal C.P. No. 26, P.S. Kasganj. M.O.I. An old scar 1 cm x 1/2 cm on the left knee joint outer side. History : There is history of having taken pulse at night & within half an hour he vomited. There was bitter taste in mouth & his mouth & throat was dry. He felt severe pain ...(paper torn) in his belly & could not swallow anything. He felt painful...(SIC).... giddiness & could not .......(paper torn) or walk. His face is flushed, skin is dry & hot temp. is 101 OF, Pulse is 110 per minute is..........(paper torn) nature. He could not see properly sometimes he sees twice (Diplopia) Inj. is red & injected & he felt sleepy. The patient is very restless & is in a delirious state. He is silent & mutters indiscreet words. He is at times nosing, run away from his place picks the bed clothes pulls imaginary threads from the tip of his fingers. Treatment : 1. Wash out the stomach with plain water, preserve it for chemical analysis. 2. Wash the stomach with Potassium Permagnate lotus till pink colour comes. 3. Salt was given to vomit out. 4. Prostiquine .5 mg. in 1 Mi given to act as an antidote. 5. Provide mixture EI State. 6. Keep a watch on his pulse. Provisional diagnosis : Poisoning (Dhatura)? Km. Maya was examined by Dr. D.R. Pahuja, M.O. I/c P.H.C. Kasganj, Etah. on 21.9.1973 at 2 : 45 a.m. B/B Constable Hub Lal C.P. No. 26. M.O.I. An old scar 1 cm x 1 cm on the outer side of right thigh lower part. History : There is history of having taken pulse at night within half an hour she vomited. D.R. Pahuja, M.O. I/c P.H.C. Kasganj, Etah. on 21.9.1973 at 2 : 45 a.m. B/B Constable Hub Lal C.P. No. 26. M.O.I. An old scar 1 cm x 1 cm on the outer side of right thigh lower part. History : There is history of having taken pulse at night within half an hour she vomited. There was bitter taste in her mouth & her mouth was very dry & she felt very thirsty. She felt severe pain in her belly & could not swallow anything, she felt uneasy giddy and could not stand or walk. She is uncontrollable. Her face is flushed & injury is injected. She cannot see properly some times she sees double. The skin is dry. Temp. is 102 OF Pulse is 116 per mt. & is full bounding. She felt restless & is in a delirious state. She mutters inaudible words & sometimes she speaks very loud and talk is irrelevant. She cannot be controlled easily & runs from her place. She picks imaginary threads from the tip of her fingers. Provisional diagnosis : Poisoning? Dhatura? Treatment : 1. Wash out the stomach with plain water. Preserve it for chemical analysis. 2. Wash out the stomach with Potassium Permagnate lotus till pink colour return. 3. Saline water to induce vomiting. 4. Prostiquine 1/2 ample EI State. 5. Provide mixture EI State. 6. Keep a watch on her pulse. R.T.I. of Maya Kumari attested. Buddhsen was examined on 21.9.1973 at 3 : 00 a.m. B/B Constable Hub Lal C.P. No. 26. M.O.I. A black mole below left ear 1 ½ cm below lower lobule of left ear. History : There is history of having taken pulse at night within half an hour, he vomited. Immediatley he felt bitter taste in his mouth & his mouth & throat was dry. He could not swallow & felt severe pain in his belly. The face is flushed. The skin is hot & dry. The temp. is 102.8 OF. Pulse is 120 per minute & is full & bounding. The injuries are injected. The pupils are dilated. They do not react to light and accommodation. Sometimes, he sees twice (diplopia). He is very restless feels giddy cannot stand, sit & is uncontrollable. He is violent. He goes on muttering inaudible words & irrelevant talk sometimes he speaks very loudly. He picks up imaginary threads from the tips of his fingers. The pupils are dilated. They do not react to light and accommodation. Sometimes, he sees twice (diplopia). He is very restless feels giddy cannot stand, sit & is uncontrollable. He is violent. He goes on muttering inaudible words & irrelevant talk sometimes he speaks very loudly. He picks up imaginary threads from the tips of his fingers. He runs from his place. His talk is irrelevant. He has vomited many times. Provisional diagnosis : Poisoning? Dhatura? Treatment : 1. Wash out his stomach with plain water. Preserve for chemical analysis. 2. Saline water to induce vomiting. 3. Pass the stomach with tube & wash the stomach with Potassium Permagnate lotus till the pink colour return. 4. Provide mixture EI State. 5. Prostiquine .5 mg. ‘M’ State. (anti dose) 6. Keep a watch in his pulse and temp. Khacheru Kumar was examined by Dr. D.R. Pahuja, M.O. I/c P.H.C. Kasganj, Etah. on 21.9.1973 at 3 : 45 a.m. B/B Constable Hub Lal C.P. No. 26. M.O.I. A mole 2 cm below the lower lobule of left ear. History : There is history of having taken pulses at night. Immediately on taking pulses, he felt a bitter taste in his mouth. There was burning sensation in his mouth tongue & throat. His tongue & throat is very dry. He cannot swallow anything. The face is flushed. The skin is hot & dry. The temp. is 103. 50 F. Pulse is full & bounding. Injuries are suffered. The pupils are dilated. They do not react to light & accommodation sometimes he sees double & at other times he feels darkness before his eyes. He is very violent, uncontrollable & very restless. He cannot sit, stand or walk. His gait is staggering. He goes on picking imaginary threads from the tip of his fingers. Provisional diagnosis : Poisoning? Dhatura? Treatment : 1. Saline water immediately to induce vomiting. 2. Wash out the stomach with plain water & preserve the ‘washout’ for chemical analysis. 3. Wash out the stomach with stomach tube with a week solution of Potassium Permagnate lotus & go on till a pink colour returns. 4. Provide mixture State. 5. Prostiquine .5 mg. ‘M’ State. (antidose) 6. Keep a watch on his pulse and temp. The first information report lodged at the concerned police station is Ex. Ka-1. Injury reports of Dan Sahai, Nanku, Kishan Lal, Km. 4. Provide mixture State. 5. Prostiquine .5 mg. ‘M’ State. (antidose) 6. Keep a watch on his pulse and temp. The first information report lodged at the concerned police station is Ex. Ka-1. Injury reports of Dan Sahai, Nanku, Kishan Lal, Km. Maya, Budhsen, Khacheru Kumar are Ex. Ka-6, Ka-7, Ka-8, Ka-9, Ka-10 and Ka-11 respectively. 3. Prosecution has examined Ram Devi first informant PW-1, Maya PW-2, Dan Sahai PW-3, Dr. S.P. Lohalami PW-4 who had conducted chemical analysis of Dal, Khacheru Singh PW-5, S.I. Sobaran Singh PW-6, S.I. Hublal PW-7 and Zulfikar Ahmad PW-8 who was posted as compounder at Kasganj hospital at the time when the injured were brought to the hospital. 4. Learned Counsel for the appellant while commenting on the evidence, on the basis of which the appellant has been convicted, has drawn my attention on the allegation levelled in the first information report. The first informant specifically stated that she suspects the accused having mixed some foreign items which resulted in a food poisoning like condition after the injured had eaten Dal in his meals. 5. However, Learned Counsel for the appellant has tried to advance his submission firstly that it is only a case of suspicion and cannot be said to be a case where the prosecution has been able to establish the guilt beyond doubt. 6. Second argument is that there was no recovery memo of Lota which is alleged to be brought by the accused. There is no such allegation that he has come along with a Lota and Maya PW-2 had seen him mixing any substance in Dal. Further, there is no motive for committing the offence. Dal was sent for chemical analysis after a considerable delay. In fact occurrence had taken place on 20.9.1973 whereas the sample of Dal was taken after lapse of two days i.e. 22.9.1973, therefore, there is no possibility of Dal to remain in the same condition. Since all the family members were ill after consuming Dal, it may be a case of food poisoning and accused cannot be attributed role of mixing poison without any rhyme or reason. It is also argued that subsequently the prosecution has tried to induce certain new facts by producing PW-2 Maya as eye witness as a witness of fact that she had seen the accused coming with Lota and mixing poison in the Dal. 7. It is also argued that subsequently the prosecution has tried to induce certain new facts by producing PW-2 Maya as eye witness as a witness of fact that she had seen the accused coming with Lota and mixing poison in the Dal. 7. Learned A.G.A. has refuted each and every argument of the counsel for the appellant. He has tried to place the statements of PW-1, PW-2 and other witnesses who were ill after consuming Dal, and has forcefully supported the prosecution case by submitting that prosecution has been able to produce a number of witnesses to prove its case. It cannot be said that it is doubtful and someone was responsible for administering poison. 8. After hearing the respective counsels and scrutinizing the evidence on record, I am in agreement with the submission of Learned Counsel for the appellant that the prosecution has not been able to establish that accused had come with Lota with some foreign substance and mixed Dal with Dhatura which caused injuries to the victim which might have resulted in their death. The first information report supports unequivocally that first informant suspects Gainda Lal to have mixed something in Dal. The first information report was registered after all most 7-8 hours of the occurrence. The allegation in the F.I.R. is only to a possibility that the accused appellant might have mixed some foreign substance in Dal which caused illness to almost every one who had eaten it. Thus there is only suspicion, beside the fact only reliable evidence is presence of Dhatura in the report of chemical analyst. This is not sufficient to conclude that prosecution has proved its case beyond any doubt for the reason that the sample of Dal was taken after considerable delay and it is well known that Dal is such an edible item which tends to start decay or rot after just a few hours of its cooking. There is nothing on record to establish that the same was preserved, therefore, analyst report cannot be made to be the sole basis of conviction. It is also rightly pointed out by the counsel for the appellant that there was no Dhatura in three samples whereas admittedly Dal served in the said sample was also from the same vessel in which the so called poisonous Dal was cooked. 9. It is also rightly pointed out by the counsel for the appellant that there was no Dhatura in three samples whereas admittedly Dal served in the said sample was also from the same vessel in which the so called poisonous Dal was cooked. 9. In view of all these circumstances, I am of the considered view that the prosecution has not been able to establish the guilt of the appellant beyond suspicion or doubt as well as the fact that there is no reason or motive for the appellant to have committed crime. 10. In the circumstances, the appellant is entitled to the benefit of doubt. The appeal is allowed. The judgment and order dated 7.4.1981 convicting the appellant and sentencing him 4 years R.I. is set at naught. The bail bonds as well as sureties of the appellant are discharged. ————