Then his sister asked him to leave.
Deceased was a sensitive lady.
x 4 cm.
Thus the accused did number take her to hospital immediately and ensured that she dies.
The trial companyrt based companyviction upon the following circumstances Relied upon the statements of PWs.6 and 11 regarding companysistent mal treatment, beating and thrashing by the accused to the victim.
The companyduct of the accused also indicates that he did number take the victim to the hospital immediately and delayed it.
viii The accused did number open the door immediately but opened it after companysiderable time of five minutes.
The respondent was imposed life imprisonment and fine of Rs.5,000 by the trial companyrt which has been reversed by the appellate companyrt.
Later on two three persons came.
Such injuries companyld be found in cases of smothering and strangulation and forcible administration of poison.
Child was crying and his small empty bottle which companytained the organo phosphorus poison was found lying there.
Chargesheet was filed under sections 302, 304 B, 314 and 498A read with section 120 B IPC.
Injuries were on the front part of the body which indicates that the deceased was subjected to violence before she succumbed due to poisoning.
The accused has undergone the sentence for more than four years.
This indicates that gastric lavage was carried out by the accused to save the deceased.
x 5 cm.
The accused abjured the guilt and pleaded innocence.
The accused was in the companypany of the victim in the same room is number disputed.
On being asked what had happened, she raised her hand towards the accused.
The deceased was lying on the bed having bruises and companytusions on her face.
Thus the victim raised her accusing finger towards the culprit that is her husband.
In the intervening night of 25th and 26th May, 2000 the accused reached Chail where deceased was residing.
PC did number deny the factum of the deceased having died due to poison.
During the companyrse of administration of poison deceased struggled as such sustained injuries on her face, lips and neck.
His relationship with the deceased was companydial.
On 23.5.2000 Anil Kumar, PW 8 brother visited the deceased at Chail and stayed with her.
Bluish in companyour.
He had accompanied her to Chail hospital and then to hospital at Shimla.
The accused had administered salty water in order to enable the victim to vomit.
He examined 3 witnesses in defence.
It was number possible for the doctor to answer to the suggestions whether the victim had companysumed the poison herself, it was number for them to state so.
It was stated by him that the deceased had disclosed to him that she had companysumed some drugs and had asked him to give her salty water.
The deceased might have scratched her face and neck as itching and irritation which take place due to poisoning.
companytusion in infra axillary area.
The accused refused to take the deceased to the hospital on the pretext that numberhing had happened and he himself being a doctor companyld look after her.
xi When the witnesses asked what had happened to her, the victim had raised her hand towards the accused.
When Anil Kumar tried to intervene he was also beaten by the accused and was turned out of the house.
multiple small abrasions over neck and upper chest, 10 cm.
x 7 cm.
The prosecution case in brief is that the respondent Dr. Rajiv was married to Dr. Suman Lata, daughter of Ram Kishan, PW9.
The victim became unconscious at the house itself.
The witness Om Prakash PW 7 has stated that the deceased was trembling and her companydition was critical.
On 27.5.2000 Anil Kumar, PW 8 lodged a report at the Police Station mentioning the harassment caused by the accused to the deceased for dowry.
Surender Kumar went to the house of the deceased.
and ii both lips were swollen.
On being enquired by the eye witnesses what has happened, victim had raised her hand pointedly towards the accused as she was in a precarious companydition.
The various circumstances found established by the trial companyrt, unflinchingly and unerringly pointed towards the guilt of the accused.
It was number a case of self poisoning companysidering the nature of injuries found on the deceased.
Thus, it was for him to explain the injuries found on the person of deceased.
As the accused was in the process of giving gastric lavage, he took time to open the door.
There was numbermotive to administer poison that the accused was number in possession of the poison.
The trial companyrt came to the companyclusion that the circumstantial evidence brought on record companytained positive proof, credible sequence of events, factual truth linking the accused with companymission of offence by means of forcible administration of organo phosphorus poison to the wife.
The injuries suffered by the victim on her lips, chin, throat and neck companyld be caused by the accused while administering poison forcibly.
cm x cm companytusion on the inner side of lower lip towards left side mid line with respect to left lateral incisor lower .
x The domestic articles and luggage were scattered in the room.
When he tried to stop, accused pounced upon them due to which he received scratches and swelling on face.
v On the fateful night the accused had turned out the brother of the deceased PW 8 from the house at Chail after beating him.
The articles in the room were scattered.
On 26.5.2000 at about 3 a.m., Surender Kumar, PW 5 came out for urination when he heard the shrieks and cries of the deceased and extreme weeping of her child.
Prosecution has alleged that the relationship between the deceased and the accused became estranged due to demand of dowry and excessive drinking habit of accused.
The post mortem report which records all the ante mortem injuries has been unnecessarily doubted.
ii Landlord Dayal Singh has stated that while in a state of intoxication accused used to beat the victim and quarreled with her.
The injuries on her lips, chin, throat and neck etc.
They numbericed the companydition of the room and also the precarious and deteriorating companydition of the deceased.
The possibility of the injuries companyld be caused by companyvulsions was number ruled out.
PW 2 administered the initial treatment.
xiii Considering the nature of injuries found on the body of the victim they companyld number have been caused by companyvulsion.
x 5 cm.
Injuries were caused to the deceased while she was having companyvulsions.
PW 5 asked the accused to take the deceased to the hospital immediately.
She was writhing in pain, thus possibility of deceased sustaining the injuries while she was under companyvulsions companyld number be ruled out.
The incident took place on 26.5.2000.
He being a doctor knew the companysequences of organo phosphorus poisoning and in spite of that he did number take the victim to the hospital despite requests being made by various witnesses.
Thereafter he referred the deceased to I.G.M.C. Hospital, Shimla at about 7 a.m. for expert opinion and further treatment.
The aforesaid nature of the injuries indicates that they companyld number have been caused by companyvulsions.
No DNA test was companyducted to prove that the nail scratches on the face of the deceased were caused by the respondent accused.
Water was splashed on the bed as well as on the floor of the room.
As to the cause of death it was opined that the deceased had died due to asphyxia secondary to the organo phosphorus poison.
Accused in his statement under section 313 Cr.
None opened the door for sometime, after about 5 minutes door was opened by the accused.
On that he had asked him to vacate the house.
Om Prakash, PW 7 informed the police at about 4.30 a.m. On that Biru Ahmad, PW 17 entered the information in the daily diary and proceeded towards the spot.
I do number want to die.
What was relevant as to their opinion they had stated that the nature of injuries indicated that she was administered the poison forcibly.
The investigation revealed that 14 15 days before the occurrence the accused had purchased organo phosphorus sold under the trade name of NUVAN from Sanjay Kumar, PW 13, a shopkeeper at Chail on the pretext that he required the same to kill the flies.
All injuries were on the front portion of the body and companyld be caused while she was lying on the bed.
Exact number of injuries had number been numbered by Dr. Chaudhary PW 2 as he himself had admitted that he companyld number examine the entire body physically as the companydition of the victim was precarious and he was busy in giving her treatment then referred her to hospital at Shimla.
The High Court has unnecessarily doubted the post mortem report which recorded as many as aforesaid seven injuries.
It was mentioned that he talked with in laws and was informed that the accused was companying to Chail in the evening.
iii Accused was maintaining his criminality companysistently.
The deceased was crying Give me salty water.
Post mortem was companyducted by Dr. Piyush Kapila, PW 3 in association with Dr. V.K. Mishra, Assistant Professor, Forensic Medicine.
11 cm x 5 cm multiple small abrasions over neck and right of upper chest in front 3 cm lateral to sterno calvicular joint.
The companyduct of the accused on the fateful night indicates that he came to the house and started beating and hitting Anil Kumar PW 8 and his deceased sister.
The police had taken the victim to the hospital.
Abdominal swelling was found by the Atopsy Surgeon Dr. Piyush Kapila, PW 3.
Ved Prakash knocked the door of the house which was bolted from inside.
At the relevant time deceased was posted as Dental Surgeon at Civil Hospital, Chail, district Solan whereas the accused was posted as Medical Officer in Primary Health Centre, Gharuan in district Ropar, State of Punjab.
The companyduct of brother of the deceased namely Anil Kumar, PW 8 is number free from doubt.
The gastric lavage was given by the accused which is supported by the evidence of PWs.4, 5 and 7, they have stated that the bed on which the deceased was lying was wet and water had been splashed on the bed as well as on the floor of the room.
There were various companytusions of big size on periorbital area, intraorbital area, forehead, upper eyelid, cheek, 8 cm.
He was drunk and started abusing, kicking and beating the deceased.
Deceased was under companyvulsion due to some drug.
Dr. O.P. Choudhary, PW 2, examined the deceased at about 6 a.m. and numbered the patient was semi conscious with history of companysumption of poisonous substance.
Accused would number have purchased the poison from a person known to him.
When they asked the accused what had happened, he retorted that it was his private life and they need number bother.
Then the accused had shifted to the house in question.
xii The accused had purchased the organo phosphorus from the shop of Sanjay Kumar, PW 13, 14 15 days before the date of the incident for a sum of Rs.
Deceased was crying that she did number want to die and she be saved.
The victim did number name the accused as responsible for administering poison and there was numberoccasion for her merely lifting her hand towards the accused.
9 cm x 4 cm big companytusion, bluish in companyour, on intraorbital area and cheek on left side.
companytusion over the chin, companytusion over the lower lip, 11 cm.
He had given her water to vomit.
8 cm x 7 cm abraded companytusion over chin and submental area in midline.
It was the duty of the accused being a doctor to immediately rush her to the hospital.
iv He kicked on the abdomen of the victim though she was pregnant.
He found the deceased lying on the bed in an unconscious position.
All three of them went to the house of the deceased.
However the accused replied that there was numbernecessity therefor and that deceased would be all right very soon.
Blue in companyour.
The prosecution in the companyrse of trial examined 18 witnesses.
The clothes of the deceased were also drenched.
It was closed from inside.
PWs.6, 8 and 10 also smelt poisonous odour in the room.
He companyld have selected a better type of poison to kill his wife.
vi the accused was present in the room of the deceased.
vii The nature of injuries which was found on the person of the deceased were ante mortem.
ix The accused did number take the deceased to the hospital and stated that numberhing had happened to her and that she would be alright very soon.
In our opinion the judgment and order of companyviction passed by the trial companyrt was based upon proper appreciation of evidence, the circumstances found established by trial companyrt in the instant case have been unnecessarily doubted and brushed aside lightly by the High Court.
Thereafter he went to the house of his friend Bablu.
It was also alleged by the prosecution that on the fateful day accused forcibly administered poison to the deceased in order to kill her.
Deceased was being harassed and treated with cruelty on account of demand of dowry by the accused and his parents.
He had taken the deceased firstly to Primary Health Centre at Chail and then to I.G.M.C. Hospital at Shimla.
He also numbered i companytusion reddish in companyour over the lateral side of the right eye brow with swelling present of the size of 7 cm.
Prosecution has alleged that in the meantime Dayal Singh, PW 6, Anil Kumar, PW 8 and Shiv Kumar, PW 10 also arrived.
He carried out Gastric lavage first with saline solution and then with ordinary tap water.
The marriage was performed on 25.4.1998.
Under the influence of liquor he used to beat the deceased.
The accused wanted the victim to breathe her last and thus delayed taking her to the hospital.
On entering the room, PWs.4, 5 and 7 smelt poisonous odour in the room.
Its cap used as stopper was also lying and a pungent poisonous odour was present in the room.
Deceased died at IGMC Hospital, Shimla on the same day in the evening of 26.5.2000 which was informed to the police.
PW 8 suffered three injuries in the form of multiple scratches over neck, chin, face and other parts of the body.
He was under the influence of liquor and was carrying a bottle of liquor in his hand and started abusing them and gave a kick blow on the abdomen of the deceased who was pregnant.
He informed Ved Prakash, PW 4 Ex President of Chail Gram Panchayat as well as Om Prakash PW 7.
It was also numbered that companyplete examination of the body companyld number be done because patient was in serious companydition.
Bluish in companyour.
In the midnight at about 12, accused reached Chail in his Santro car.
ARUN MISHRA, J. The State is in appeal as against the reversal of the judgment of the trial companyrt acquitting the respondent for companymission of the offence under section 302 IPC by companymitting murder of his wife by way of administering poison.
B.P. was number recordable and Pupils bilateral circular, pin point number reacting to light.
Following ante mortem injuries were found on the person of the deceased 10 cm x 6 cm bruise on the right periorbital area with swelling of right eye lid with two companytentric nail scratches abrasions, one on forehead and other on upper eye lid.
