STATE OF HIMACHAL PRADESH Vs. RAJIV JASSI

JUDGEMENT

(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.

(3.) 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. Under the influence of liquor he used to beat the deceased. On 23.5.2000 Anil Kumar, PW 8 brother visited the deceased at Chail and stayed with her. In the intervening night of 25th and 26th May, 2000 the accused reached Chail where deceased was residing. He was drunk and started abusing, kicking and beating the deceased. When Anil Kumar tried to intervene he was also beaten by the accused and was turned out of the house. 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. The deceased was crying "Give me salty water. I do not want to die." Surender Kumar went to the house of the deceased. It was closed from inside. He informed Ved Prakash, PW 4 Ex-President of Chail Gram Panchayat as well as Om Prakash PW 7. All three of them went to the house of the deceased. Ved Prakash knocked the door of the house which was bolted from inside. None opened the door for sometime, after about 5 minutes door was opened by the accused. On entering the room, PWs.4, 5 and 7 smelt poisonous odour in the room. The articles in the room were scattered. The deceased was lying on the bed having bruises and contusions on her face. Water was splashed on the bed as well as on the floor of the room. The clothes of the deceased were also drenched. PW 5 asked the accused to take the deceased to the hospital immediately. However the accused replied that there was no necessity therefor and that deceased would be all right very soon.