State Of Himachal Pradesh vs Rajiv Jassi

1. The State is in appeal as against the reversal of the judgment of the trial court acquitting the respondent for commission of the offence under section 302 IPC by committing murder of his wife by way of administering poison. The respondent was imposed life imprisonment and fine of Rs.5,000 by the trial court which has been reversed by the appellate court.

2. The prosecution case in brief is that the respondent Dr. Rajiv was married to Dr. Suman Lata, daughter of Ram Kishan, PW9. The marriage was performed on 25.4.1998. The incident took place on 26.5.2000. 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.

5. PW-2 administered the initial treatment. He carried out Gastric lavage first with saline solution and then with ordinary tap water. Thereafter he referred the deceased to I.G.M.C. Hospital, Shimla at about 7 a.m. for expert opinion and further treatment. Deceased died at IGMC Hospital, Shimla on the same day in the evening of 26.5.2000 which was informed to the police. Post mortem was conducted by Dr. Piyush Kapila, PW- 3 in association with Dr. V.K. Mishra, Assistant Professor, Forensic Medicine. As to the cause of death it was opined that the deceased had died due to asphyxia secondary to the organo phosphorus poison. Following ante- mortem injuries were found on the person of the deceased :

8 suffered three injuries in the form of multiple scratches over neck, chin, face and other parts of the body. (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. All injuries were on the front portion of the body and could be caused while she was lying on the bed. Such injuries could be found in cases of smothering and strangulation and forcible administration of poison. The injuries suffered by the victim on her lips, chin, throat and neck could be caused by the accused while administering poison forcibly. (viii) The accused did not open the door immediately but opened it after considerable time of five minutes. (ix) The accused did not take the deceased to the hospital and stated that nothing had happened to her and that she would be alright very soon. It was the duty of the accused being a doctor to immediately rush her to the hospital. The accused wanted the victim to breathe her last and thus delayed taking her to the hospital. It was not a case of self-poisoning considering the nature of injuries found on the deceased. (x) The domestic articles and luggage were scattered in the room. Child was crying and his small empty bottle which contained the organo phosphorus poison was found lying there. Its cap used as stopper was also lying and a pungent poisonous odour was present in the room. (xi) When the witnesses asked what had happened to her, the victim had raised her hand towards the accused. Thus the victim raised her accusing finger towards the culprit that is her husband. (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. 50/-. There was no necessity for the accused to purchase the same to kill flies. He purchased the same with design to cause end of the life of the victim. (xiii) Considering the nature of injuries found on the body of the victim they could not have been caused by convulsion.

23. In the circumstances the High Court has gravely erred in reversing the well-reasoned judgment of conviction and order of sentence recorded by the trial court. Resultantly the appeal is allowed, the impugned judgment and order passed by the High Court is hereby set aside and that of the trial court is restored. The respondent is directed to surrender failing which he shall be taken into custody forthwith.