Criminal Rev. No.694 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 694 of 2010 (O&M) Date of Decision: August 24, 2010 Parveen Bala ...........Petitioner Versus State of Haryana and another ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.A.S.Sullar,Advocate for the petitioner. ** Sabina, J. Petitioner has filed this petition under Section 401 of the Code of Criminal Procedure (`Cr.P.C.' for short) challenging order dated 25.7.2009 passed by the Sessions Judge, Ambala whereby respondent No.2- Rani was acquitted of the charge framed against her. The brief facts of the case, as noticed by the trial Court in para 2 of its judgment, are as under:- “2.FIR Ex.PB was recorded by ASI Ram Phal (PW-1) on receipt of statement Ex.PA bearing endorsement Ex.PA/1 of ASI Varish Bhan (PW-12). On 22.4.2008 ASI Vrish Bhan (PW-12) while being posted as Incharge Police Post Model Town, Ambala Criminal Rev. No.694 of 2010 2 received ruqa Ex.PF regarding admission of Ashok Kumar in Civil Hospital, Ambala City as a case of suspected poisoning. He deputed HC Gurmel Singh (PW-8) to visit Civil Hospital, Ambala City, who was informed that victim has already been referred to PGI, Chandigarh Doctor handed over a parcel containing gastric lavage, a sample seal and sealed envelope to HC Gurmel Singh. On 23.4.2008 on receipt of information regarding death of Ashok Kumar in Govt. Medical College & Hospital, Sector 32, Chandigarh, ASI Vrish Bhan (PW-12) accompanied by HC Gurmel Singh (PW-8) and Constable Sat Pal visited Govt. Medical College & Hospital, Sector 32, Chandigarh and collected ruqa Ex.PO from Police Post, Govt. Medical College & Hospital, Sector 32, Chandigarh. He also collected death report Ex.PT and reached mortuary of Govt. Medical College & Hospital, Sector 32, Chandigarh, where Parveen Bala (PW-10) met him who got her statement Ex.PA recorded with the allegations that she was resident of Luxmi Nagar, Jandli and employed in Angan Wari. Ashok Kumar (deceased) her husband was running a shop of general merchant, besides business of property dealer. She has two sons aged 10 and 8 years respectively. Her husband Ashok Kumar had illicit relations with the accused who was resident of Jaggi Colony and thus her husband was on visiting terms with the accused. About two months prior to the occurrence accused had come to their house with a child of 1½ years in her lap and stated that the child was born from the loins of Ashok Kumar and that she also claimed herself to be wife of Ashok Kumar (deceased) Criminal Rev. No.694 of 2010 3 and thus she was also entitled to share in property of Ashok Kumar. There was some wordy dispute between the both. Accused always used to make telephone calls to Ashok Kumar and thus harassing him. On the day of occurrence i.e. on 22.4.2008 at about 4.00 P.M. accused made call to her husband on mobile who immediately left for house of Rani. At about 6.30 P.M. She received a telephonic call from her father-in-law Chander Mohan (PW-11) of Ashok Kumar having consumed poison and admitted in Civil Hospital, Ambala. She accompanied by her mother Tarawati reached Civil Hospital and learnt that her husband has already been referred to Govt. Medical College & Hospital, Sector 32, Chandigarh. Thereafter she accompanied by her father-in-law Chander Mohan and some other persons reached Govt. Medical College & Hospital, Sector 32, Chandigarh in the emergency where her husband was found admitted and accused was sitting by his side. Her husband was on oxygen. At about 4.30 A.M. on the next morning her husband regained some consciousness and narrated that this all happened because of the accused and thereafter her husband died. Accused escaped finding opportunity. Suspecting that Ashok Kumar had consumed poison getting fed up due to harassment of accused or accused had administered poison, complainant made her statement Ex.PA, which was also signed by Chander Mohan (PW-11). Investigation was taken over by ASI Vrish Bhan (PW-12), who moved application Ex.PQ for post-mortem examination and conducted inquest Ex.PR. Post mortem was conducted by Dr. Criminal Rev. No.694 of 2010 4 Vikram Bains (PW-3) vide post mortem report Ex.PC. Doctor also prepared viscera converted same into a sealed parcel and handed over to the police, which was taken into possession vide memo Ex.PM. On return to police station, parcel was deposited with MHC. Investigating Officer was also handed over parcel of fastric lavage by HC Gurmel Singh, which was taken into possession. Investigating officer accompanied by Lady Constable Saraswati and Lady Constable Rajneesh reached house of Ashok Kumar, where SHO was also found present and on directions of SHO, investigating officer arrested the accused from her house. He recorded statements of witnesses. On completion of investigation, report under Section 173 Cr.P.C. was prepared by Inspector Suraj Bhan, SHO (PW-5)." After hearing the learned counsel for the parties, I am of the opinion that the present petition deserves dismissal. In the present case, Ashok Kumar deceased had died due to consumption of aluminum phosphide. The prosecution case was that Ashok Kumar had committed suicide on account of abetment by respondent No.2. Respondent No. 2 was allegedly having illicit relations with the deceased and they were also having a child. Admittedly, the deceased had been taken to the hospital by respondent No.2. She was present by the bed side of the deceased in Government Medical College and Hospital, Sector 32 Chandigarh. In these circumstances, the learned trial Court has rightly drawn the inference that had respondent No.2 been responsible for abetment or administration of poison to the deceased, she would not have been taken the victim to the hospital immediately or stayed there. Learned trial Court Criminal Rev. No.694 of 2010 5 in para 11 of the impugned judgment has held as under:- 11. As per deposition of PW-3 Dr. Vikram Bains Ashok Kumar was brought to Civil Hospital by Rani, the accused. As per deposition of PW-10 Parveen Bala and PW-11 Chander Mohan, it is the accused Rani who brought Ashok Kumar to Govt. Medical College & Hospital Sector-32, Chandigarh for treatment. Both of them admitted that Rani was present by the bed side of Ashok Kumar in Govt. Medical College & Hospital, Sector 32, Chandigarh also. Chander Mohan (PW-11) also admits that it is Rani who informed him about Ashok Kumar having consumed some poison and on information from Rani, he had informed Parveen Bala. Had Rani been involved in any way either in abetment or administering poison, she would not have taken the victim to the hospital immediately and thereafter even to Govt. Medical College & Hospital Sector 32, Chandigarh. The improvement was tried to be made by PW-10 Parveen Bala and PW-11 Chander Mohan that at about 4.30 A.M. Ashok Kumar gained some consciousness who removed oxygen mask and stated to have consumed poison due to torturing of accused. This stands totally falsified from the medical evident. As per deposition of PW-4 Dr. Harsh Kushwaha, the condition of patient was critical. Even PW-13 Dr. Ram Singh, Professor Medicines, admitted that blood pressure of Ashok Kumar was not recordable, therefore, he was not fit to state anything. Even death summary Ex.PS also shows that blood pressure and pulse rate were unrecordable. When blood pressure and pulse rate were Criminal Rev. No.694 of 2010 6 unrecordable and doctor admitted that because of that he was not in a position to make any statement, the improvement made by PW-10 Parveen Bala and PW-11 Chander Mohan that Ashok Kumar gained some consciousness for some time and removed his mask and then disclosed them to have consumed poison due to torturing by the accused and again collapsed, is not only contrary to medical evidence but even otherwise not believable. Even otherwise it is the accused, who took immediate steps of providing medical aid to the victim. The admission by PW-11 Chander Mohan that there used to remain dispute between Parveen Bala and Ashok Kumar indicates that the dispute was rather between the deceased and his wife Parveen Bala and not between the accused and the deceased. The reasons given by the trial Court, while acquitting respondent No. 2 are sound reasons. No ground for interference is made out. Dismissed. (Sabina) Judge August 24, 2010 arya