1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 388 OF 2011. (SHIVCHAND @ SHIVA SOMAJI KHANDKE..VS.. STATE OF MAH. THR. SECRETARY, HOME & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.S. Bhat, Advocate (Appointed) for Petitioner. Mr. T.A. Mirza, A.P.P. for Respondent/ State. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : AUGUST 01, 2011. Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is a convict undergoing life imprisonment. The case of the petitioner is that on 25.03.2010 his two minor children ate food prepared by his wife thereafter they started vomiting. Both the children were admitted in the hospital however, both of them expired in the hospital on the very same day. It is his further case that on 27.03.2010 funeral rites of the two deceased children took place. On that day many relations came to the house of the petitioner, the petitioner was also present. On 27.03.2010 i.e. the day when the rites took place, wife of the petitioner prepared Poha. The relations, who had gathered, consumed Poha. 16 of them started feeling ill and were admitted to hospital. Out of them a minor child Aditya was serious and he died after admission in the hospital. According to the petitioner, the cause of death in all three cases is poisoning. In view of this fact the petitioner has prayed that enquiry be conducted and the persons responsible be severely punished. 2 3. The first incident took place on 25.03.2010 and on that day itself the statement of Sunitabai i.e. wife of the petitioner was recorded. She has specifically said that both her children, her nephew Surjeet and she ate the food prepared by her and all had symptoms of food poisoning. She specifically stated in the statement recorded by the police on 25.03.2010 that nobody has done anything to them and she did not suspect anyone. After the second incident which took place on 27.03.2010, the statement of wife of the petitioner was again recorded. This statement was recorded on 30.03.2010. In the said statement also she has specifically stated that she does not suspect anyone. However, thereafter on 06.05.2010 wife of the petitioner sent a letter to the Commissioner of Police, Nagpur stating therein that one Namrata Bhagat lives opposite her house. Namrata was in a habit of picking fights with people. Hence, in the month of January, 2009 all the persons in that area on account of getting fed-up with the nuisance created by Namrata assaulted Namrata and threw her out of the area. On account of revenge Namrata started troubling all the persons in the area. According to the wife of the petitioner Namrata had brought her threats into action by poisoning her entire family. In the very same letter the wife of the petitioner has stated that one Mahesh Prabhu Choudhari, who was residing in the area, on the day of the first incident i.e. on 25.03.2010 was standing near the house of Mary John. That time wife of the petitioner was cooking egg curry and rice on the gas. A quarrel started between wife of the petitioner and their relation Shri Narayan Dambhare. According to Sunita wife of the petitioner, at that time Mahesh Choudhari entered into her house from the back door and he came out through the front door and was explaining to her that she should not 3 fight. Hence, she suspects that Mahesh Choudhari had put some poisonous substance in the food that she was cooking. She has stated that suspicion is further fortified by the fact that on the very same day Prakash son of Narayan Dambhare had heard from Ravi who is servant of Prabhu Choudhari telling that Nilesh and Shailesh will now vomit and thereafter they will die. The wife of the petitioner also stated that she also suspects Mary because Mary was telling other persons in the locality that 'main person had survived', meaning, wife of the petitioner. Thus, in this letter written to the Commissioner on 06.05.2010 the wife of the petitioner expressed suspicion against Namrata Bhagat, Mahesh Choudhari and Mary John. 4. It is pertinent to note that for the first time wife of the petitioner expressed suspicion on 06.05.2010. Earlier when her statement was recorded on 25.03.2010 and 27.03.2010 she had categorically stated that she had no suspicion against anyone and nobody had done anything to them. If at all said Mahesh Choudhari had entered into her house on 25.03.2010 she would have stated about the said fact in her statement dated 25.03.2010 but she has not done so. Even in her statement dated 30.03.2010 also, she did not make any mention about this fact. Almost 1½ months later, for the fist time, the wife of the petitioner informed names of these three persons on the basis of suspicion. It is not the case of Sunita, wife of the petitioner, that either Namrata or Mary entered her house on 25.03.2010 but only Mahesh Choudhari entered into her house and she suspects that he had mixed poison in the food. It has come on record that on 27.03.2010 also wife of the petitioner herself had cooked the food i.e. Poha. On that day also 16 persons suffered from symptoms of 4 poisoning and one minor child Aditya died. It is not the case of the wife of the petitioner that on that day any of these three persons entered into her house. 5. On 25.03.2010 the wife of the petitioner had cooked egg curry, rice and some vegetable. On consuming this she, her children Shailesh and Nilesh and her nephew Surjeet suffered from food poisoning but on 27th March, 2010 wife of the petitioner prepared Poha, on that day also 16 persons showed symptoms of poisoning. On 27th March, 2010 none of the accused persons had entered in the house of the petitioner, in such case it is difficult to understand how on 27th March, 2010 also 16 persons suffered from poisoning. It is pertinent to note that viscera of the minor sons of the petitioner i.e. Nilesh and Shailesh was sent for examination and no poison was detected in the viscera. Moreover, Gastric Lavage of wife of the petitioner and Surjeet their nephew was also sent to Chemical Analyzer and no poison was detected therein. Moreover, the rice, egg curry, other vegetable and Roti were also sent to the Chemical Analyzer. None of them revealed any poison therein. 6. Looking to all these aspects, the story put forth by the petitioner that Namrata Bhagat, Mahesh Choudhari and Mary John were connected with the food poisoning suffered by the sons and wife of the petitioner on 25.03.2010 and with symptoms of poisoning suffered by 16 relatives on 27.03.2010 appears too far fetched and cannot be believed. Thus, we find no merit in the petition. The petition is dismissed. 5 7. Fees to be paid to the appointed Advocate are quantified at Rs. Seven Hundred and Fifty only. JUDGE JUDGE RR..