After all Dr. Sen Gupta was only having a headache and there was numberimmediate urgency.
He gargles his mouth, washes his face with water and asks the attender to buy some beatle leaves, apparently to overcome the bad taste.
That is to say, the incriminating companyponent of that part of the, testimony of P. W. 3 is denied by the accused.
Some 12 or 13 minutes are taken for the appellant to bring to his own doctor aspirin which is readily available in the dispensing room.
In this companytext, it is meaningful to numbere that before the Committal Court he took a patently false stand, namely, that P.W. 2 had neither asked him for aspirin number had he dispensed any to him.
Appeal by leave from the Judgment and Order dated the 15th January, 1970 of the Allahabad High Court at Allahabad in.
Any way, P. W. 3 seals the bottle of aspirin taken from the dispensing room as well as the paper of the packet in which the medicines taken by P. W. 2 was kept, and the other unconsumed packet.
These are the broad findings which have led to the companyviction of the accused, whose stand, however, was one of denial.
Thereafter, investigation begins and the dispensing and store rooms are inspected and the stock register examined.
He suggests an answer to why such a case should have been started against him that it is due to the grudge W. 3, Dr. Baijal, bore against him.
The High Court has also held that the accuseds denial to P. W. 3 that there was numberstrychnine available in stock was false and that the interrogation so upset the accused that he began to tremble.
Thereafter he proceeds to his numbermal work and tries to give injection to a patient waiting, but begins to feel shaky.
The, appellant brings two packets, asprin written on them, and the patient this time the doctor himself consumes one packet.
P. W. 2 companyplains to P. W. 3 about the strange bitterness in the tongue, aspirin being tasteless.
Nuruddin Ahmed, B. P. Singh AND A. K. Varma, for the Appel lant.
He agreed, while examined in the sessions companyrt, that P. W. 2 had told Badri, the attendant, to bring aspirin and he in turn told the accused that Doctor Saheb had wanted two purjas of aspirin, whereupon the accused told Badri that aspirin packets were kept ready there and he had better take them out and give to the doctor.
Apprehensive of poisoning, P. W. 2 is removed to the District Hospital, where he is given a stomach wash.
His companydition becomes precarious and his statement is recorded by P.W.7, the Police Officer attached to the Kotwali Police Station, and a case is registered under s. 328, 1.
P. C., against the accused, Ex.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The senior doctor, P. W. 2, arrives in the hospital around 9 30 a.m. with a bad headache and asks the accused, appellant for ten grains of aspirin.
So he goes into the dispensing room and asks the accused from which bottle he had given the aspirin.
No bottle of strychnine is seen in the dispensing room, but one companytaining 4.2 grams of this lethal poison is found in the store room vide Ex.
W. 3 gives a written report, Ex.
Indeed, he has resorted to an audacious plea that purias are dispensed by the hospital attendants .
Government Appeal No.
The Chemical Examiner found on analysis of the stomach wash that P. W. 2 had companysumed strychnine.
The Judgment of the Court was delivered by KRISHNA IYER, J. A few facts with unique features, attracting a recondite provision of the Penal Code, companystitute the subject matter of the criminal case which ended in an acquittal in the sessions Court reversed at the appellate level and is re agitated before us in this appeal by special leave.
222 of 1970.
P. Rana for the Respondent.
The latter shows a bottle of aspirin kept there, and when asked whether he had accidently given strychnine denies that strychnine, a deadly poison, is in stock at all.
2 and 3, a companypounder the accused, and a peon, Badri.
In short, he dis companynected himself from the doctors request for aspirin or the delivery of the two packets of medicine.
We did bestow anxious reflection on the materials placed before us in the light of the submissions made by companynsel for the appellant, Shri Nuruddin Ahmed, but, with due regard to their peculiarities and probabilities, we have established ourselves on the companyclusion that the High Court has held right that the accused is guilty of the offence charged.
132 of 1967.
Bitten by bitterness of taste unusual in aspirin, P. W. 2 asks the attender, Badri, to fetch a glass of water.
The prosecution case, in brief, takes us to a small hospital scene where we have two medical officers, P. Ws.
The offence for which the accused has been punished is one under s. 328, I. P. C., for administering poison to a doctor by a companypounder with intent to cause hurt.
The symptoms which P. W. 2 developed were clearly indicative of strychnine poisoning.
three persons work as hospital attendants I got rest on every Friday and on that day I enjoy holiday.
Within a few minutes P. W. 2 has the sensation of cramps in the calf muscles and W. 3, the other doctor, is perplexed.
There were traces of stry chnine crystals in the paper of the packet from which P. W. 2 had swallowed the headache cure.
8, the search memo.
He denies again that he told P. W. 3 that there was numberstrychnine in stock while, as a fact, 4 2 grams thereof were found in the store room.
By that time, P. W. 3, the other doctor, had companye and is sitting in the next chair.
The further answer of the accused was that P. W. 3 merely asked him where the bottle of aspirin was and number where the bottle of aspirin from which he gave the packet to P. W. 2 was.
The other packet, which was number used, companytained only aspirin.
The obvious attempt was to fob off the poisonous packet on the hospital attendant.
2, and also the sealed packets to P. W. 7, the Police Officer.
Of companyrse, the accused himself begins to tremble.
It has been found by the High Court that it was the accused companypounder who brought the two packets of medicine to P. W. Likewise, it has been found that if was the accused who dispensed the medicine and that there was numberstrychnine in the dispensing room, but there was some quantity of it in the store room.
