Case Note & Summary
The appellant, Rekha Rajendra Magar, was convicted by the Additional Sessions Judge, Satara for the murder of her son Ranjit (Section 302 IPC), attempt to murder her daughter Komal (Section 307 IPC), and attempt to commit suicide (Section 309 IPC). The prosecution case was that on the day of the incident, the appellant was alone with her two children. Neighbor Anuradha heard shouts and found the appellant and her son Ranjit lying unconscious with foam and smell of poison. Ranjit died on the way to hospital due to organophosphorus poisoning. Komal also consumed poison but survived. The appellant's defense was that she was harassed by her husband and mother-in-law, and she consumed poison in a fit of depression, and the children might have consumed it accidentally. The High Court held that the evidence was purely circumstantial and did not prove beyond reasonable doubt that the appellant administered poison to her children with intent to kill. The circumstances were consistent with the appellant attempting suicide and the children consuming poison accidentally. The court noted that the appellant herself was unconscious and there was no evidence of prior preparation or motive. The court also observed that the daughter Komal did not support the prosecution and was not examined. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant of all charges.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Circumstantial Evidence - Appellant convicted for poisoning her son - Held that prosecution failed to prove beyond reasonable doubt that appellant administered poison with intention to cause death - Circumstances consistent with suicide attempt rather than murder - Acquittal (Paras 1-12). B) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Poisoning of Daughter - Held that no evidence of intent to kill daughter - Daughter survived and no complaint - Acquittal (Paras 1-12). C) Criminal Law - Attempt to Suicide - Section 309 Indian Penal Code, 1860 - Appellant also consumed poison - Held that conviction under Section 309 is not sustainable as the appellant was in unconscious state and no evidence of intent - Acquittal (Paras 1-12).
Issue of Consideration
Whether the appellant is guilty of murder, attempt to murder, and attempt to suicide based on circumstantial evidence.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. She be set at liberty forthwith.
Law Points
- Circumstantial evidence
- lack of intent
- suicide attempt not murder
- acquittal for lack of evidence
