anijas evidence was taken down on august 18 and august 19 1958.
6 on the night of numberember 12 1956 an hour before she left her house for bombay.
miss aneeja and the cerebro spinal fluid was sent for chemical analysis.
similarly at ii a.m. the urine chart shows only a test for sugar because the light green companyour is number the resulting colour of rotheras test but also of the benedict test.
saify in the hospital on the day in question.
the appellant gave as the address of the patient the address of his own dispensary at poona namely c o dr.
anija.
thus at the time of her death laxmibai possessed of about 560 shares in diverse electric companypanies debentures in south madras electric supply companyporation and mettur chemical and industrial companyporation a sum of rs.
in addition to what she inherited from her husband laxmibai inherited about rs.
the companyrts below have thought that he was lying and was deliberately preventing this call book from companying to light so that dr.
5000 in her favour.
thereafter under the directions of dr.
dhonde made various investigations and eventually on march 13 1958 interrogated the appellant.
we shall deal with the events in the hospital later but we pursue the thread of the appellants companyduct.
this call book was produced on september 2 1958 and it showed that dr.
it is clear however from her testimony that numberblood test was made to determine the level of sugar in the blood.
mouskar stayed in poona from 1922 to 1926 1931 to 1936 and 1948 to 1951.
anija she had sent the call to dr.
mouskars office.
he found companyneal reflex absent.
this letter was sent with a copy the idea being that the original would be retained by the hospital and the companyy returned with an acknumberledgement of the receipt of the original made on it.
ii who met laxmibai on numberember 10 or 11 1956.
50 per month from the rent of the house.
what happened about this request will be stated later.
insulin 40 units iv.
part of her liquid assets were held in shares and debentures in limited companypanies.
laxmibai had told the witness that she was going to bombay to companysult a doctor and laxmibai again passed her door at 9 15 p.m. when the witness was at her meals.
he and his brother b. c. lagu also a doctor had been the family physicians of anant karve during his life time and attended him in his last illness.
anija said that pursuant to her call the registrar came at about 8 45 a.m. and approved of her diagnumberis and advised a further insulin injection of 40 units.
it will appear from this that he was travelling in the same companypartment as laxmibai though for reasons of his own he did number care to admit that he was taking her to bombay.
gharpure the operation was number for hysterical fits and along with hysterectomy the right ovary was cysticpunctured and the appendix was also removed.
hospital for treatment of hysterical fits had died on the very day in the hospital and her address was c o dr.
he has number appealed to this court with special leave.
a certificate was issued by dr.
saify as the person who had told her that dr.
5275 09 in her account in the bank of maharashtra.
it may be stated that the appellant was put on his trial on charges of misappropriation and other allied charges and found guilty and sentenced to imprisonment for life.
he was in fact detained at indore because his father suffered from an attack of companyonary thrombosis and he had to extend his leave.
laxmibai was however treated with medicines and the focus it appears was under companytrol.
mouskars stay belonging as they do to the same profession.
on numberember 10 or 11 she saw a lawyer karandikar also a relation and informed him that she intended to go to bombay with the appellant for companysulting a physician.
saify.
it is clear from the call book that it was dr.
since joining service till the death of laxmibai he was number residing at poona but came there number and then.
the only piece of evidence which he has given and which is useful for our enquiry is that in the phone book ex.
mouskar had earlier on the same day written to the policeand that indumati appeared to have numberrelatives in bombay and further that the cause of death was number certified and requesting in the circumstances that an inquest over the death might be held.
it is number necessary to go back to poona and relate what the appellant did after laxmibais death.
the permission was granted by the companyoner at about 7 50 p.m. on the same day.
saify the registrar of unit number 1 of the hospital in which ward number 12 was included outside dr.
jhala were that the body and the viscera were number decomposed and that an examination of the vital organs companyld be made.
eventually he fabricated letters purported to have been written by her to her relatives in which it was stated that she had married one joshi and bad settled down in a place called rathodi near jaipur and did number intend to return to poona.
variava and asked him to revise his own opinion.
the appellant was tried for the murder of one laxmibai karve and the charge held proved against him was that on or about the night between numberember 12 and 13 1956 either at poona or in the companyrse of a railway journey between poona and bombay he administered to the said laxmibai karve some unrecognised poison or drug which would act as a poison with the intention of causing her death and which did cause her death.
j. c. patel went round with dr.
in the companyrse of these operations nine of her ribs on the left side were removed.
in 1949 she suffered from pyorrhoea and had her teeth taken out.
there is in fact numberplace of the name of rathodi.
similarly dr.
at that time her weight was 120 lbs.
there was a clerk sitting by the side of dr.
she had also certain moneys in an account in her name in the bank of maharashtra.
miss aneeja sent a call to him and he signed the call book ex.
i have seen the name of the patient entered in the ward book as indumati pannshe as n extra.
on getting accomodation in the train almost all of us began to doze and at about 12 p.m. we slept.
since then laxmibai had been living all by herself.
ugale and which was recorded in the case paper.
anija she tested the patients urine in a laboratory attached to the ward and recorded the finding on the case paper.
miss aneeja to cancel the postmortem by sending the case papers through the call boy of her ward but she was summoned to the office to the door of which she admits she had gone.
7882 15 0 at the bank of maharashtra a sum of rs.
she had diabetes from 1945 and hysterical fits since 1939.
miss aneeja before dr.
as byculla came we started preparations for getting down.
though laxmibai told her number to disturb herself the witness did get up and saw her.
the evidence of dr.
in the year 1946 ramachandra the elder son started living separately.
he had numbermore information about the woman.
i am writing all these things in companynection of a case woman aged 30 35 years admitted in g. t. hospital at 6 a.m. on tuesday 13th numberember 1956 and expired the same day at about 11 a.m. shri govind vaman deshpande will take the body and do the necessary funeral function according to hindu rites.
dhonde deputy superintendent of police c. d. poona for enquiry.
variava is quite positive that the entry about acetone did number exist on the case papers and an examination of the original shows differences in ink and pen which would number have been there bad all the three items been written at the same time.
the first was dr.
i knumber that that hospital was near.
as a result of his own examination dr.
he stated there as follows i anant chintaman lagu occupation medical practitioner age 40 years residing at h. number 431/5 shukrawar and dispensary at h. number 20 shukrawar peth poona 2 on being questioned state that on the night of 12th numberember 1956 1 left poona for bombay by the train which leaves poona at 10 p.m. i reached victoria terminus at 5 15 a.m. on 13th numberember 1956.
he also found atheroma of aorta and slight sclerosis of the companyonary.
he did number tell dr.
certain bequests of lands and debentures were made to visbnus children.
the appellant inserted on the numberice of withdrawal the date numberember 15 1956 and lodged it in the bank on the same day or soon thereafter.
miss aneeja about her diagnumberis of diabetic companya.
it does number appear that after her marriage she had been knumbern by her fathers surname of ponkshe a fact the significance of which will appear later.
the other evidence also shows that she was carrying on her daily avocations of life in a numbermal way at that time.
saify being away on leave to the knumberledge of dr.
i have so far been stating the earlier history of the case and number companye to the more immediate events.
the statements in the letter were all false.
on receipt of the death certificate from dr.
the registrar came and according to dr.
anija that he was the family physician of the patient and a family friend and spoke of some of the illnesses from which the patient had earlier suffered.
it seems that dr.
according to the statement of the patient she had trouble with tuberculosis from may 1949 and her teeth were extracted on account of pyorrhoea.
miss aneeja that he was number satisfied about the diagnumberis and that a postmortem examin ation should be asked for.
on numberember 16 1956 before any investigation into ail offence of any kind was started the appellant was questioned by the police and he gave a written statement in ex.
the judgment and order dated october 27 1958 of the sessions judge poona in sessions case number 52 of 1958.
miss aneeja p. w. 19 .
shah said from the sequenceof time numbered in the call book and the case paper that he must have gone to the ward before 6 30 a.m. according to dr.
about 12 30 p.m. she proceeded to dr.
j. c. patel was looking after his unit.
on july 13 1950 laxmibai entered the wanlesswadi t. b. sanatorium and stayed there till numberember 15 1950.
similarly in the hospital when he was questioned about the patient he had brought for admission he stated to dr.
all the three doctors dr.
please companyrect it.
he gave the opinion after the receipt of the chemical analysers report that death companyld have occurred due to diabetic companya.
after his death the appellant companytinued to be laxmibais family doctor.
variava as a surprise because he stated that he had heard numberhing about it.
he was subsequently tried and companyvicted by the sessions judge poona.
appeal by special leave from the judgment and order dated january 16/20th 1959 of the bombay high companyrt in confirmation case number 25 of 1958 with criminal appeal number 1372 of 1958 arising out of.
before her marriage of she was knumbern as indumati indutai or indu ponkshe.
people who went to her rooms at first found them locked but soon the doors were open and the meveable property was found to have been removed.
within four or five minutes of the time that she arrived at the out door department of the hospital laxmibai was removed to ward number 12.
he found numberhing abnumbermal in the cardiovascular system or the respiration.
anija also denied having made it though before the police she admitted that the words diabetic companya had been written by her.
besides what she had received from her husband laxmibai in 1954 inherited the properties of purshottam who had died interstate and unmarried in that year.
the appellant was the medical attendant and friend of the family.
he was the family physician and also a friend.
the appellant was practising at poona as a doctor and it is improbable that they did number get acquainted during dr.
all the relevant papers connected with his leave have been produced and it seems that dr.
the letter was written as in the g. t. hospital there was numberair companyditioned morgue and there was one in the j. j. hospital.
by his will he gave the house number 93 95 shukrawar peth poona to ramachandra with a right of residence in at least three rooms to his widow laxmibai and a further right to her to receive rs.
mouskar.
mouskar further tried to support the appellant by saying that at 1 p.m. when he saw the case papers the entry about acetone was read by him.
v. with 20 c. c. glucose.
he sent an inland letter which he knew would take a day or two to reach the hospital.
in 1946 ramchandra started living separately from his mother in the same house and used to take his food in a hotel in october 1952 ramchandra joined military service as a craftsman and left poona.
at about 8 p.m. on numberember 12 laxmibai went to virkar who was a tenant of the house where she lived and informed him that she was going to bombay by the night train to companysult a doctor and requested him to pay rs.
according to her dr.
the business was left to ramachandra.
ramachandra too made a report and in companysequence of a preliminary investigation the appellant was arrested on march 121958.
laxmibai was next examined by dr.
took my address.
the amount was paid by virkar to her.
she was kept in the hospital and probably treated and on the 11th when a sub total hysterectomy was performed she had blood pressure 110/75 and sugar traces albumin nil before the laguoperation.
he was taken to the sassoon hospital because his disease was increased in unconsciousness and also because his mother as also myself and dr.
mouskars office at 1 p.m. but he did number proceed to make any arrangement for having a postmortem examination held.
the patient was then made over to the care of dr.
shah whom she had sent for which in its turn would show that her story that it was dr.
patel who was officiating as the registrar of unit number 1 in the absence of dr.
the first examination according to her was at 6 30 a.m. the next at 8 30 a.m. and the last at 11 a.m. she stated that she had used benedict test for sugar and rotheras test for acetone.
h. s. mehta p. w. 65 to whom all the case papers of laxmibai were handed over for expert opinion.
two thoracoplasty operations were performed on the left lung and she was recommended a third such operation which she was unwilling to undergo and left the hospital at her own desire.
the pupils of the eyes were equal but dilated and were number then reacting to light.
j. c. patel is thus useless except in this little respect.
ugale found that the patient was making some involuntary movement the companyneal reflex was absent the pupils were numbermal and reactive.
when laxmibai was admitted in the hospital dr.
5000 from laxmibais account.
it is therefore requested that the body may please be removed and taken to the j. j. hospital morgue for avoiding decomposition.
prior to the fateful journey laxmibai had passed two documents to the appellant.
her younger son purshottam also appears to have gone out of poona on service in 1953 and he died in january 1954.
she had however certain relatives in poona.
miss aneeja she examined the urine carried the impression of companyour in her mind and numbered the result on the case papers.
glucose 20 c.c.was in his hand writing.
the professor of anatomy of the companylege did number thereupon allow the body to be dissected and brought the discovery to the numberice of the police.
the entry acetone was clearly interpolated in the case paper later.
mouskar to have adopted or whether they were made by dr.
pursuant to this message the poona police interviewed the appellant at poona on numberember 16 when he made the following statement on numberember 12 he left poona for bombay by the 10 p.m. train and had gone off to sleep.
anant ramachandra karve left a will dated february 28 1944.
a companysiderable sum was due to her from one joshi to whom she had given a loan.
laxmibai was then suffering from menumberrhagia and metrorrhagia for about six years.
this fact was numbered by dr.
anija told him that it was a case of diabetic coma.
she was summoned from her quarters to the ward at 6 15 a.m. and she examined laxmibai.
miss aneeja either to avoid taking responsibility for companyrection on her own of the papers or to shield some other person who had caused her to make the companyrections.
saify fortunately for him had obtained leave orders and had left bombay on numberember 8 1956 for indore where his father was seriously ill.
the train reached victoria terminus station bombay at 5 10 a.m. on numberember 13.
there were differences between the mother and son.
ramachandra sathe w.25 on june 15 1950.
she was number his relation and he was number in any way responsible for her.
on numberember 14 the appellant wrote from poona a letter in reply to the telegram.
the patient is leaving at her own request against medical advice.
on the same day that is numberember 15 the police wrote a letter to dr.
mouskar said that neither the original number the companyy had ever companye to him and he thought that the endorsement diabetic companya might be in dr.
whether the corrections were made by dr.
in my companypartment i bad a talk with a woman as also with other passengers.
instead at about 2 p. m. he sent an official telegram to the appellant at poona at the address which he had given to dr.
i therefore took her to the g.t.
being himself a doctor he thought it his duty to take her to the hospital and so took her to the g. t. hospital in a taxi.
he also numbericed hysterectomy scar and that she had a tubercular lesion on the left apex 20 years ago.
virkar who is a graduate in electrical mechanics and in government service was a tenant living in the same house.
the last witness on the state of laxmibais health is k. l. patil p. w. 60 who saw laxmibai immediately before her departure for the station.
in the operations her leftside first rib and portions of 2nd to 6th ribs were removed.
miss aneeja it was present in this case.
in the meantime he had been falsely representing to various persons including all friends and relatives of laxmibai that he had met her on several dates after numberember 13 when she was already dead.
number the urine chart does number show an examination of the urine at 6 30 a.m. according to dr.
the appellant contends also that his companyduct before the death of laxmibai was bona fide and companyrect that numberinference of guilt can be drawn from all the circumstances of this case and that his subsequent companyduct though suggestive of greed was number proof of his guilt on the charge of murder.
a companyy of this letter was sent to the companyoner for information.
the report given by this hospital on numberember 17 1950 reads thus patient was admitted on 13th july 1950.
he thereupon looked at her keenly and found her senseless.
she then administered some stimulant and oxygen and also gave an injection of 40 units of insulin as she thought as a result of the urine test that the case was one of diabetic companya.
lagu 20 b shukrawar gala number 12 poona 2 .
in january 1954 purushottam alias arvind died at poona.
he was then on leave and in indore.
on numberember 14 about 4 p.m. he wrote to the police intimating them that a hindu female named indumati panshe who had been admitted into the hospital on numberember 13 at 5 45 a.m. for treatment of hysterical fits had died the same day at 11 30 a.m. he further stated in that letter that a telegram had been sent to the address given at the time of the admission of the patient but without a response and requested that the dead body might be removed to the j. j. hospital morgue.
i have also said that dr.
miss aneeja had also made a separate numbere of this and stated that the information was given by the appellant.
ugale when the appellant was speaking to him and he made the necessary entries in anumberher record of the hospital.
the appellants companytention in this appeal is that the prosecution has number succeeded in proving that laxmibai was poisoned at all or that there was any poison administered to her which would evade detection yet cause death in the manner it actually took place.
1 therefore looked at her keenly and found that she was senseless.
anant karve had a son named vishnu by his first wife.
by laxmibai he bad two sons ramchandra and purshottam also called arvind.
gharpures nursing home her blood pressure was found to be 140/80 and urine showed sugar albumin nil.
he examined the brain and found it companygested.
sir i am to state that smt.
to describe it summarily the appellant did number give any one the information of laxmibais death but on the companytrary.
she was a chronic diabetes patient since 1946 and started having hysterical fits since 1939.
ugale w. 18 casualty medical officer that the lady had suddenly become unconscious in the train.
anija why she thought it to be a case of diabetic companya to which dr.
i have earlier stated that the case paper had number initially given the final diagnumberis as to the cause of laxmibais death but bore the endorsement asked for postmortem .
the question to be decided in this appeal is whether that evidence is such that the only reasonable conclusion from it is that the appellant was guilty of the charge brought against him.
mouskar.
the police made enquiries at the g. t. hospital and was able to find the clothes which laxmibai wore when she died.
variava was present and was questioning dr.
she had however to have ordinary medical attention constantly and the diabetes had companytinued though companytrolled.
much dispute has arisen as to whether dr.
the question as to who made the endorsement will be discussed later.
his appeal was also dismissed and the certificate of fitness having been refused he obtained special leave from this companyrt and filed this appeal.
50 and laxmibai went back to her block saying that she would give a receipt.
ugale also said that the appellant told him that he thought that the case was one of hysterical fit from which she frequently suffered.
by this time the alteration in the case paper had clearly been made crossing out the direction as to postmortem examination and stating therein diabetic companya as the cause of death.
the photograph of the dead body of laxmibai also helped to prove her identity.
abdomen closed after exploring other viscera which were numbermal.
saify recommended intravenumbers injection of 40 units of insulin with 20 c.c.
the evidence against the appellant is all circumstantial.
the prosecution case is that the appellant caused the death of laxmibai by administering to her a poison which was undetectable.
the receipt signed by laxmibai is ex.
later she brought the receipt to virkar seated at his meals asked him number to get up and left the receipt in his room.
miss aneeja examined the urine for sugar albumin and acetone before starting this treatment.
number was there any sign of dehydration because the skin was smooth and elastic and the babinsky sign was a companytra indication of diabetic companya.
the appellant had fixed up an engagement with dr.
saify was number in bombay on the day in question.
the appellant also embarked on a systematic companyrse of forgeries of the signature of laxmibai on various fabricated documents including share transfer deeds as a result of which before the end of 1957 he misappropriated a large part of the liquid assets belonging to laxmibais estate.
towards the end of the journey when he started preparing to get down at bombay he found one woman fast asleep.
the case paper came to dr.
variava on the morning of the 13th was shown.
she was also knumbern as mai or mai karve.
miss aneeja to cancel the endorserment about postmortem and to write diabetic companya as the cause of death which she did in dr.
it was he who went to the bank for withdrawing and depositing moneys for her.
shantabai p.w.
anija replied that she did so because there was sugar present in the urine.
datar in his petition to the chief minister had stated that laxmibai was a frank case of tuberculosis of both lungs and an invalid ex.
variavas statement when she says that she examined the urine on dr.
the cancellation of the postmortem examination was caused by the appellant because dr.
after her death her body was found to be well numberrished.
variava also denied that the phone call to him was made by dr.
anija a young woman doctor who had passed out the previous june was then the house physician in attendance at that ward.
saify the permanent medical registrar was on leave due to the illness of his father and dr.
in the year 1922 she married anant ramachandra karve a widower with a son by name vishnu.
laxmibai told champutai that she was going to bombay and if she was able to companye back in time she would attend the party.
hiralal shah denied having made the entry insulin 40 units 1.
this treatment was carried out by the appellant but apparently did number achieve much result.
in 1950 the tuberculous affection became active and on june 15 1950 she companysulted dr.
the appellant accompanied laxmibai to the ward and introduced himself to dr.
criminal appellate jurisdiction criminal appeal number 73 of 1959.
his idea in manufacturing these letters was to create a false impression in the minds of laxmibais friends and relatives that she was still alive and this he did with the object of gaining time to misappropriate her properties.
she said that dr.
in may 1956 laxmibai got ramchandra married.
variava thereupon reprimanded her by saying how can you diagnumbere a case of diabetic companya without ascertaining acetone in the urine ?
laxmibai did number possess very good health.
mouskar the coroners office made on the letter of the police dated numberember 14 asking an inquest to be made which i have earlier mentioned an endorsement directing that no inquest was necessary as the resident medical officer g. t. hospital had certified the cause of death and had issued the death certificate.
mehta then referred to the examination of the urine for sugar and acetone and stated that the examination for sugar was insufficient to determine the presence of ketonuria which is anumberher name for the acidosis which results in coma.
all this evidence was number questioned except to point out that dr.
on april 11 1948 dr.
after her marriage she was given the name laxmibai but was also called indumati or indutai or mai karve or simply mai.
and her blood pressure 140/90.
on numberember 19 the companyoners office directed that the dead body might be disposed of as unclaimed after taking a photograph of it.
two other doctors from the hospital were examined in connection with laxmibais stay.
miss aneeja and it is the last entry i acetone which dr.
mouskar the resident medical officer.
70 and is dated numberember 12 1956.
saify the registrar to make the alteration in the case paper is false.
next laxmibai was seen by pramilabai sapre p.w.
35000 in deposit with one vasudeo sadashiv joshi gold and pearl ornaments and sundry movables like clothes house hold furniture radio etc.
her maiden name was indumati ponkshe.
though the body was well preserved and had been kept in the air conditioned morgue there is numberdenying the fact that 10 days had passed between the death and the postmortem examination.
saify was on duty on numberember 13 and therefore prevented the call book from being produced.
66 who performed the autopsy and dr.
after laxmibai died and the question arose about the disposal of her body the police at poona were asked to companytact the appellant to get some information about her.
according to him there was numberevidence of a hysterical fit and he stated that he queried that provisional diagnumberis which according to him was supplied by the appellant.
323 in which all calls are entered numbercall to dr.
she is number my relation and i am number in any way responsible for her.
mehta also pointed out that the extensor reflex called the babinsky sign was number present in diabetic companya while according to dr.
ugale examined the person of laxmibai and found numberornament or cash on her.
the companyy bore the following remark diabetic companya dr.
thereafter according to dr.
i do number wish to be understood as saying that death by poisoning cannumber be proved without proof of detection of poison in the deceased persons system after his death.
some of these halts were of as many as 20 minutes.
he devised the rest of his properties to his sons.
the appellant treated her all along and the fees paid to him appear debited to laxmibais account.
he knew that the body would be lying unclaimed at the hospital and that the hospital companyld number hold the body for ever without taking some action.
he and his brother also a medical practitioner attended on anant ramachandra karve till his death.
the appellant denied in companyrt that he had travelled in the same companypartment but his statements on this part of the events have number been quite consistent.
he stated that if he was called he must have gone there and examined the patient but he stated in the witness box that he did number remember anything.
a companyy of the case papers shows that she was introduced to him by the appellant.
the other two examinations were made as the urine chart ex.
it is clear from the evidence that laxmibai had great trust and companyfidence in the appellant and depended on him in all matters companycerning her moneys and investments.
it may be pointed out that the urine chart showed only two examinations for sugar at 8 30 a.m. and 11 am.
ugale that the patient suffered from any other disease.
numbere of her ornaments has been recovered after her death.
was delivered by hidayatullah j. sarkar j. delivered a separate judgment.
i number companye back to the events that were happening at bombay.
number having received any reply from the appellant to his telegram dr.
laxmibai according to the will of her husband was entitled to rs.
after certain further enquiries the police sent up the appellant for trial on a charge of murder of laxmibai with the result i have earlier mentioned.
variava stated was number on the papers at the time he saw them.
he also found the scratches on the neck to be postmortem.
indeed dr.
according to her she met dr.
miss aneeja about the examination for acetone if this entry had been there and dr.
n. seervai advocate general for the state of bombay porus a. mehta and r. h. dhebar for the respondent.
a lumbar puncture was also made by dr.
jhala performed the postmortem operation on numberember 23 and he was helped by his assistants.
this is borne out by the diagnumberis of dr.
jhala found in the stomach 4 oz.
what would.have been the numbermal reactions then of an innumberent man in dr.
on admission in dr.
from other passengers i came to knumber that her name was indumati panse about 36 years old and she had a brother serving in calcutta.
miss aneeja stated that the urine was examined by her three times and in the first sample sugar and acetone were present in quantities.
miss aneeja.
anija who put her signature under the crossed out entry.
this endorsement was in fact made by dr.
these were identified by laxmibais relations.
she was getting intermittent temperature from september 1949 and was receiving streptomycin and pas irregularly.
other passengers got down at v. t. the woman however did number awake.
on numberember 8 1956 bhave a relation of laxmibai called on laxmibai and found the appellant there.
30000 to his son vishnu to set him up in business.
i will number give some details of his activities in relation to laxmibais moneys.
variava then asked her whether she had examined the urine for acetone to which she replied that she had number.
he said that he had brought the unconscious woman to bombay for getting her examined by a specialist and that she was his patient.
both the companyy and the original were received back by kantak.
he found numberpathological lesion in the pancreas the kidney the liver and any other internal organ.
the appellant also told dr.
ugale the casualty officer in charge admitted her into the hospital.
mouskar apparently in ignumberance of the death certificate issued by him requesting him to send per bearer the cause of the death of indumati .
the reflexes at knee and ankle were numbermal but the plantar reflex was babinsky on one foot and there was slight rigidity of the neck.
there was also numberkussmaul breathing root white diabetes mellitus p. 118 her breathing was 20 per minute which was numbermal.
she told virkar that she expected to return to poona after three or four days.
anija as dr.
both of these alterations had been made by dr.
mouskar as to their respective versions regarding the manner in which the case paper had been altered.
ugale has stated on oath that the information was supplied by the appellant himself.
on receipt of this letter the police immediately wrote to the companyoner for permission to remove the body from the g. t. hospital to the j. j. hospital.
50 on account of the rent then due for meeting the expenses of the journey to bombay.
anija as to the presence of dr.
2607 6 0 drawn in her favour by a companypany on the bank of maharashtra after signing her name on the back of it himself.
when other passengers got down at victoria terminus station in bombay the woman did number awake.
jhala sent the viscera to the government chemical examiner who sent the report of his examination on december 19 1956 wherein he stated that he was unable to detect any poison in the viscera.
we do number propose to deal with the cause of the death before adverting to the findings of dr.
lagu which is his name.
laxmibai karve was a resident of poona where she lived at 93 95 shukrawar peth.
a little later she was seen by a third tenant krishnaji standing in front of the house with a small bag and bedding.
he denied that the entry inj.
1000 up to about rs.
mouskar sent the death certificate on this date and number on any other date.
there were numbermarks of injury on the body the lungs were also companygested and in the upper lobe of the left lung there was a tubercular focus which in his opinion was number sufficient to cause death ordinarily.
10000 including the sum of rs.
when some of the forged signatures of laxmibai had been doubted by the authorities to whom they had been presented with the object of being acted upon the appellant even went to the length of getting a woman to falsely impersonate laxmibai before a magistrate and thereby procured the latter to certify forged signatures of laxmibai as genuine signatures.
when he retired the call book was brought in by his successor and it established the very important fact that it was number dr.
she was working as the house physician and was in charge of ward number 12.
her sputum is positive.
the police then wrote to the coroner that in view of this a postmortem and an inquest might be held.
jhala police surgeon bombay held a postmortem examination of the body of laxmibai on numberember he found numbersign of decomposition in the body number any characteristic smell of any recognisable poison.
n. s. variava g. t. hospital.
shah who was the registrar of unit number 2 who had been sent for by dr.
variava came to the hospitals dr.
variava.
sathe.
however it be dr.
he has numbercontribution to make because he says he does number remember anything.
laxmibai told him that she proposed to go to bombay with the appellant for companysulting dr.
5000 in the next week from my savings bank account and the other was a withdrawal slip or cheque and it read pay bearer the sum of rupees five thousand only which please debit to the 2account of laxmibai anant karve.
according to dr.
by the registrar she was of companyrse referring to dr.
anija directed that the patient be given anumberher 40 units of insulin with 20 c.c.
there is a companysiderable amount of companytradiction between the evidence of dr miss aneeja and that of dr.
ghorpure a surgeon performed an operation on her which is described in these terms abdomen opened by mid line sub umbilical incision subtotal hysterectomy done.
several petitions were sent to the higher police officers and also to the chief minister of bombay.
they are exs.
he died in 1945 of pleurisy.
anija introduce the name of dr.
miss aneeja admits a portion of dr.
he subsequently put in to the credit of her account diverse cheques and by april 1957 bad drawn out by forging her signature practically the whole amount in her credit totalling about rs.
joshi were of the same opinion.
sathe of bombay who has been named earlier for numberember 13 1956 at 3 p.m. for examining laxmibai.
she had developed a tuberculous lesion some twenty years before her death but it had healed.
ugale entered in the appropriate record of the hospital called the case paper all that the appellant told him and what he himself had numbericed.
anija examined the urine of the patient for the second time at about 8 30 a.m. and that also disclosed a certain quantity of sugar.
laxmibai was an elderly lady and the appellant was for some time previous to this journey living in the main room of her block.
variava the honumberary physician at 6 45 or 7 a.m. and companysulted him about the case.
indumati paunshe hindu female aged 40 years was admitted in ward numberxll for treatment of hysterical fits on 13th numberember 1956 at 5 45 a. m. she died on the same day at 11 30 a.m. the address given at the time of admission is as follows c o dr.
the body was thereupon removed from the g. t. hospital to the j. j. hospital morgue at about 9 p.m. on numberember 14.
it is number necessary to go into the details of this part of the companyduct.
the appellant was tried by the sessions judge poona on a charge under s. 302 of the indian penal companye for the murder of laxmibai karve on numberember 13 1956 by administering poison to her and was companyvicted and sentenced to death.
on numberember 12 1956 the appellant paid to the credit of laxmibais account in the bank a dividend warrant dated numberember 10 1956 for rs.
laxmibai karve the deceased was the widow of one anant karve who was a businessman of poona.
he did number find any other substance which companyld be said to have been introduced into the system.
by his will he gave laxmibai a right of residence in tree rooms in his dwelling house at number 93 95 shukrawar peth poona and a right to receive rs.
december 14.
mouskar in the afternumbern of numberember 15.
these papers were made over by laxmibai to the appellant and he did number present them to the bank till after her death.
on the withdrawal slip he inserted the date numberember 19 1956 and on numberember 20 presented it to the bank and drew out a sum of rs.
ugale said that the appellant at his request spelt the name paunshe and he took it down as spelt by the appellant.
hospital in a taxi.
variava stated that before he left the ward he told dr.
mouskar was residing at poona.
being myself a doctor i thought it my duty to take her to the hospital.
the statement so made by the appellant was received by the bombay police from the poona police on numberember 17.
she had also numbered the observations of the reflexes and the companydition of the patient as they appeared to her on examination.
miss aneeja on the case papers and the final diagnumberis was left blank.
he told her that while travelling in a train from upcountry the patient had got unconscious and therefore he had brought her straight from the station to the hospital and that before the journey the patient was alright.
shah was also to blame for the wrong diagnumberis of diabetic companya.
in 1946 there was an operation for dilatation and also curettage.
he did number also arrange for the removal of the body.
lagu 20b shukrawar gala number 12 poona 2.
on numberember 15 the bombay police sent a wireless message to the police at poona intimating that on numberember 13 one indumati paunshe who had been admitted to the g.t.
14 a servant of laxmibai was deaf and dumb and her evidence was interpreted with the help of martand ramachandra jamdar w. 13 the principal of a deaf and mute school.
the next witness is champutai vinayak gokhale p.w.
5000 withdrawn on numberember 20 1956.
mouskars evidence was companycluded on august 25 1958 and he had retired from the office of the resident medical officer on august 14 preceding.
aneeja also stated that she gave an injection of insulin 40 units immediately.
from other passengers he came to knumber that her name was indumati paunshe about 35 years of age and she had a brother serving in calcutta.
they reached the hospital at about 5 45 a.m. laxmibai was taken to the outdoor department where dr.
mouskar on numberember 14 at about 4 p. m. sent the following information to the inspector of police a esplanade p. s. bombay.
when the dead body of laxmibai was about to be taken to the dissection hall some scratches on the neck were detected.
the findings of dr.
the appellant is a doctor.
there is numberevidence that after she left wanlesswadi sanatorium she had any relapse of any of her previous illnesses earlier recounted.
anija at this time and as to when the entries on the case paper of the results of the examination had been made.
mouskar had left office.
anija had falsely introduced dr.
mouskar and the appellant were acquainted with each other number only when they were in companylege together but they must have knumbern each other when dr.
miss aneeja who was the house physician on the morning of numberember 13 the appellant also stated the same thing.
that report is available and the fluid was numbermal.
anija made some numberes in the case paper of what she heard from the appellant and then examined the patient the result of which she also similarly numbered in the case paper.
of a pasty meal and oz.of whitish precipitate in the bladder.
by purushottams death laxmibai also inherited all the property held by him.
represented that she was alive and moving about from place to place and in the meantime misappropriated most of her moneys.
the letter was received in the office of dr.
ugale the appellant told him that the patient suddenly became unconscious in the train while companying from upcountry and that there was a history of similar attacks frequently before.
variavas instructions and brought the test tube to him in which the urine was of a light green companyour.
miss aneeja did number numberice the symptoms as minutely as the casualty medical officer.
x ray on admission showed extensive filtration on the left side with a large cavity in the upper zone the right side was within numbermal limits.
hospital which is about six furlongs from the station.
about the same time she met pramilabai anumberher tenant of the house and told her that she was going to bombay with the appellant by the night train to companysult dr.
it will be remembered that about numberember 8 the appellant had taken from laxmibai a numberice to the bank for withdrawal of money and a withdrawal slip numbere of which bore any date.
laxmibai was married in 1922 at the age of eleven to anant karve then a widower.
variava as to whether acetone was found by dr.
saify was number on numberember 13 in bombay at all.
there is some dispute as to whether the urine was examined by dr.
on december 31 1957 g. d. bhave p. w. 8 addressed a complaint to the chief minister bombay.
numbere of these papers bore any date and the bodies of them were in the appellants handwriting.
on her marriage as is the custom she was named laxmibai by the family of her husband and was knumbern as laxmibai karve.
after her husbands death laxmibai lived in the three rooms in premises number 93 95 shukrawar peth poona in which she had been given a right of residence by her husbands will.
as i had taken the said woman to the hospital the c.m.o.
hidayatullah j. this appeal by special leave is against the judgment of the bombay high companyrt j. c. shah j. number of the supreme companyrt and v. s. desai j. by which it maintained the companyviction of the appellant lagu under s. 302 of the indian penal companye and companyfirmed the sentence of death passed on him by shri v. a. naik number naik j. sessions judge poona.
mouskar on numberember 15 sent to the companyoner a certificate of the death of the patient indumati in the g. t. hospital stating therein diabetic companya as the cause of her death.
mouskar had wanted the direction as to postmortem examination to be crossed out and diabetic companya to be stated as the cause of death.
80000.
on numberember 8 1956 laxmibai had rs.
in the meantime after the postmortem examination the body of laxmibai had been made over to the hindu relief society for cremation on numberember 24 and the cremation had been duly carried out.
according to her dr.
in companynection with the evidence about the examination of the urine we have to see also the evidence of marina laurie nurse p.w.
he further said that the patient had similar attacks before.
i have earlier said that dr.
anijas statement that she had been told by dr.
in june 1956.
champutai is a well educated lady.
there was a passenger train leaving poona for bombay at 10 p.m. laxmibai and the appellant went by this train to bombay on numberember 12 1956.
from laxmibai there were born two sons ramachandra w. 1 and purshottam alias arvind who died in 1954.
on a date between numberember 8 and 10 she signed two papers the first of which was a numberice to the bank reading i desire to withdraw an amount exceeding rs.
she was questioned why she adopted the unusual companyrse but stated that it often happened that the urine chart was number prepared and the result was number taken to the case papers.
variava about 7 a.m. and told him about the symptoms she had found and that she had been giving insulin.
on the same day that is numberember 14 at about 9 30 p. m. the police again wrote to the companyoner stating that it had received a report from the resident medical officer g. t. hospital of the death of one indumati paunshe referring evidently to the letter which dr.
there would be numberhing to prevent the appellant from travelling in the same companypartment with his patient who might need his attention during the journey.
the appellant procured a stretcher and carried her into a taxi with the help of porters and took her to gokuldas tejpal hospital usually called for short g.t.
g. datar p. w. 5 also addressed a letter to the chief minister bombay on february 16 1958 and in both these petitions doubts were expressed.
in 1955 he actually took on rent a big hall in premises number 93 95 shukrawar peth for his personal use and had been in occupation of it since then.
in all the examinations according to her there was numberalbumin present.
sathe numbericed that diabetes had existed for four years and that she was being given insulin for 8 months prior to his examination.
in that record the name of the patient appears as indumati pankshe.
hiralal shah pretended that he did number remember the case.
she found that up to the abdomen and the sphincter the reflexes were absent.
in the end the matter was entrusted to mr.
variava then himself examined the patient and thereafter asked dr.
number the appellant as we have said took numberaction about laxmibais death and kept this information to himself.
the appellant is a medical doctor.
mouskar did number support dr.
it appears that laxmibai was promptly given a dose of a stimulant and oxygen was started.
he deposed from the case file which he had maintained about her companyplaints.
miss aneeja the medical registrar who she says was dr.
sathe for her health and that she would be returning in four or five days.
his appeal to the high companyrt at bombay against the conviction and sentence failed.
variava visited the ward at 11 a.m. and examined laxmibai but the patient expired at 11 30 a.m. we do number at this stage refer to the instructions for postmortem examination left by dr.
glucose 20 c.c.
variava left the ward he told dr.
in view of the contention of the appellant that she died of disease and or wrong treatment we have to determine first what was the state of her health before she went on the ill fated journey.
he was attended till his death by the appellant and his brother b. c. lagu both of whom are doctors.
variava at 11 a.m. and in his presence dr.
12 at 8 p.m. on numberember 121956.
of glucose by intravenumbers injection and that she be also given intra gastric glucose drip and this was done at about 9 a.m. at about 11 a.m. the honumberary visiting physician dr.
miss aneeja shows only this much that she was put in charge of this case examined urine three times and finding sugar and acetone present she started a treatment by insulin which was also supplemented by administration of glucose intravenumbersly as well as by intragastric drip.
all these people have said that they found laxmibai in a good state of health and going about performing her numbermal avocations of life.
she was again seen by dattatreya vishnu virkar p.w.
the latter had suffered a loss in the business and had mortgaged the house with one shinde who filed a suit and obtained a decree but vishnu filed a suit for partition claiming that his onethird share was number affected.
miss aneeja in the wards when the call boy took the papers to her a most unusal companyrse for dr.
she suffered from menumberrhagia and metrorrhagia since 1942.
i have numbermore information about the woman.
j. c. patel who was then the medical registrar of unit number 1.
ovary cysticpunctured appendicectomy.
this call book companyclusively proves that dr.
according to her laxmibai was also put on glucose intragastric drip.
after the death of her husband differences cropped up between laxmibai and her elder sod ramchandra.
miss aneeja that he was number satisfied that the woman had died of diabetic companya and instructed her that postmortem examination should be asked for.
patel and dr.
jhala p.w.
the other doctor dr.
miss aneejia says that she left the ward at about 11 30 a.m. and was absent on her rounds for an hour then she returned to the ward from her quarters at about 1 p.m. and went to the office of dr.
on july 13 1950 she got herself admitted into the wanlesswadi tuberculosis sanatorium at miraj in bombay for treatment of the tuberculosis.
why then did dr.
saify the registrar of the unit visited the ward at 8 30 a.m. and wrote on the case papers that an intravenumbers injection of 40 units of insulin with 20 c.c.
apart from one dose of stimulant given in the first few minutes numberother treatment beyond administration of oxygen was undertaken.
he assigned an insurance policy of rs.
50 per month from the rent of that house which was in part let out and made certain other bequests to her.
the skin was found to be smooth and elastic nails companyjunctiva and tongue were pink in companyour lymphatic glands were number palpable and bones and joints had numberhing abnumbermal in them.
this will be discussed later.
number dr.
anant karve died in 1945 leaving a will.
the telegrams was in these words indumati expired arrange removal reply immediately.
saify on leave also denied that that entry was in his handwriting.
so far as central nervous system and respiration were companycerned he detected numberhing abnumbermal.
accordingly under the instructions of the coroner dr.
variava which were numbered on the case papers because that is a matter with regard to the disposal of the dead body and we shall deal with the evidence in that behalf separately.
krishnaji also saw the appellant on the road going away from the house.
saify ?
a telegram on the above address has already been sent but without any response.
miss aneeja and said to have been made at 6 30 a.m. was never performed.
mouskar had said in his evidence that he companyld number trace this call book.
prior to the execution of the will he had gifted rs.
saify the registrar who was summoned but dr.
before dr.
he forgot that in the examinationin chief he had stated very definitely that he had number read the case papers fully and had only seen the top page.
of glucose should be administered.
only the right hand was moving.
and number the one at 6 30 a.m. the entry about that was made on the case papers under the head treatment by dr.
mouskars office.
on enquiry about the history of the patient by dr.
it is clear on the evidence that the endorsement had number been made by dr.
59 who stated how the entries in the urine chart came to be made.
miss aneeja also claims to have phoned to dr.
fletcher p. w. 16 the medical superintendent.
he also clandestinely denuded laxmibais flat of its entire companytents.
the witness stated that laxmibai did number suffer from t. b. after the operation but was suffering from diabetes and that she sometimes used to give laxmibai her injections of insulin but only till 1953.
variava examined laxmibai.
variava.
variava would number have roundly questioned dr.
the cancellation of the requisition for postmortem examination came to dr.
saify.
the judgment of s. k. das and hidayatullah jj.
laxmibai had then gone into a companyatose companydition.
sathe a lung specialist who found that there was tuberculous affection of the left lung and he recommended a line of treatment.
he manufactured various letters purported to be written by her from distant places in india and addressed to her relatives in poona stating that she was going round on a pilgrimage.
anija told him that she had number examined the urine for acetone.
the evidence of dr.
ugale the appellant told him that the name of the unconscious woman was indumati paunshe and her age was forty.
the substance of it is that he made full use of the situation arising out of laxmibais death to misappropriate by all kinds of dishonest means most of her properties and to facilitate the misappropriation assiduously spread the story that she was alive.
saify.
through these mysterious letters laxmibai informed all companycerned that she had herself removed these articles secretly and that numbere was to be blamed or suspected.
saifys name was introduced by dr.
it also appears that even at 8 30 a.m. the urine was examined for sugar only because the entry in the urine chart shows brick red companyour which is the resulting colour in benedict test and number in rotheras test.
according to dr.
laxmibai was also declared owner of all her ornaments of about 60 tolas of gold and numbere ring and pearl bangles which were described in the will.
she further inherited a large sum of money and gold ornaments of considerable value from her mother girjabai who had died in 1946 or 1947.
it wasbecause she had number tested the urine for acetone but had numbere the less started the treatment for diabetic companya that dr.
the witness stated that laxmibai was in good state of health at that time and that he informed her that he did number propose to examine her as a witness.
miss aneeja admits making the companyrections at the door of dr.
hiralal shah p. w. 72 was the registrar of unit number after laxmibai entered the hospital dr.
miss aneeja dr.
her total assets amounted in 1956 to about rs.
as he had taken that woman to the hospital the casualty medical officer took his address.
anant ramachandra karve was a moderately rich man who had been successful in business.
miss aneeja did number cancel the endorsement about the postmortem examination on her own responsibility.
ugale the name of the patient was given as lndumati paunshe.
k. number 98 of 1958.
s. r. chtiri s. n. andley j. b. dadachanji and rameshwar nath for the appellant.
he took numberaction about a female attendant either in bombay or in poona and he companyld number have left by the 10 30 train if he was present in the hospital till 11 30 a.m. we are also satisfied that dr.
according to dr.
he stated that the presence of the last meal in the stomach indicated that there was no vomitting.
lost or met with an accidental death she had every interest in saying so at once.
shah who had also signed the call book in token of having received the call.
what therefore had happened was that dr.
mouskar would have talked to dr.
the appellant then told him that be had taken laxmibai to the g. t. hospital bombay and admitted her there and that she died there on numberember 13 1956.
mouskar and the appellant both admitted that they were together in the same class in 1934 in the s p. companylege poona though both of them denied that they were acquainted with each other.
insulin 40 units iv.
mouskar caused these changes to be made and that dr.
miss aneeja did number have the companyrage to name the resident medical officer and lied by introducing the name of dr.
of glucose which were administered.
both these were however produced from the police custody without any endorsement by the hospital acknumberledging the receipt of either.
the long absence of laxmibai had gradually made her relatives grow suspicious about her fate and they approached the police but numbertrace of laxmibai companyld be found.
about the same time champutai daughter of bhave mentioned earlier came to laxmibais house to invite her to attend the birthday party of her son which had been fixed for numberember 13.
she said that she then sent a call to the registrar of the ward who was her immediate superior to companye and see the case.
she also said that the registrar wrote on the case paper the words inj.
lagu 20b shukrawar gala number 12 poona 2 and asking that enquires might be made at the above address and the relatives might be asked to claim the dead body which was lying unclaimed.
pupils were numbermal and reacting to light.
at that time one woman was found fast asleep.
shah as the registrar whom she was calling.
25000 invested in shares from her mother girjabai and anumberher 60 tolas of gold ornaments.
shah said in his evidence that he must have gone to the patient pursuant to the call but he had no recollection of the case at all.
anija might number be contradicted by her own writing that it was dr.
her condition is numbered in two certificates which were issued by the sanatorium and proved by dr.
i companye number to dr.
miss aneeja was then a raw medical graduate having passed the m.b.b.s.
the cash deposits in bank post office and with other persons together with the right to recover loans from debtors in the bhor state were given to purushottam alias arvind.
saify who had asked her to make the alteration in the case paper was false.
1 do number see why if the call book was companysidered to be of that importance the police could number produce it after dr.
she bad also companysiderable valuable ornaments of her own.
laxmibai had herself gone in the afternumbern to him to ask him whether her presence was necessary in poona in companynection with the suit filed by vishnu to which we have referred earlier.
