OM PARKASH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an appeal by Om Prakash Kumar, Sanitary Inspector, Cantonment Board, Kasauli against the judgment dated 30th January, 1971 of the Sessions Judge, Simla, whereby he has been convicted for the offence under Section 302, Indian Penal Code and has been sentenced to imprisonment for life. The prosecution case was that the accused Om Prakash Kumar was married to the deceased Janak Kumari in February, 1968. Thereafter on 22nd September, 1968 he got his posting as Sanitary Inspector in the Cantonment Board of Kasauli. In January, 1970 Janak Kumari had pregnancy of nearly full term. The accused took leave from 27th January, 1970 to 1st February, 1970, as he had taken his wife to his own village Kharwan. He fell sick there and the couple decided to return back to Kasauli where they reached on 3rd February, 1970. On 4th February, 1970 the accused found Janak Kumari suffering from cough and cold and he went to Dr. Bhatley who was in sub-charge of the Cantonment General Hospital, Kasauli, and obtained from him medicines which included cough mixture, some tablets and a powder. The accused returned to his house at about 9-15 P. M. on 4th February, 1970 and both husband and wife took their dinner. They had prepared tea and had taken that tea as the last thing in the night. Thereafter the accused slept in the same room. On the morning of 5th February, 1970 the accused woke up at about 7 A. M. and attempted to wake up his wife, but she did not respond. The accused suspected that his wife was seriously sick and he went running to Dr. Bhatley who came to the spot along with Mani Ram Compounder. The doctor examined the lady and found her dead. The cot of the lady was lying near the fireplace and her head was at about 2 feet from the fire which was almost extinguished by that time. Dr. Bhatley found that the face, lips and the nails of the deceased were blue and cold. Froth mixed with blood was coming out of her mouth and nostrils. S. P. Nijhawan, Executive Officer, Cantonment Board was informed about the death of Janak Kumari. He informed Col. Rao, Officer Commanding, Military Hospital, Kasauli, who in return informed Maj. Parmar another doctor attached to Military Hospital, Kasauli. Maj. Parmar as well as Nijhawan came to the house of the accused. One Dr. Bhalla who was Vice-President of the Cantonment Board also came to the spot. Inside the room, two tumblers - one empty and the other half-filled with prepared tea-were found on the mantle piece. Similarly the medicines prescribed by Dr. Bhatley were also found lying there. Nijhawan informed the Police Station on telephone about the death of Janak Kumari. Malik S. H. O. , Dharampur thereafter reached the spot at about 10-15 A. M.

(2.) ACCORDING to prosecution, Dr. Bhatley had suspected that death was not due to coal gas poisoning. He was, therefore, not prepared to give a certificate that it was a case of natural death for which no one could be held responsible. Some consultation was made by Malik with the S. D. O. Kandaghat. All others who were present including the S. H. O. Malik, were, however, of the opinion that the death was due to coal gas poisoning. Still by way of abundant caution and due to the suspicion expressed by Dr. Bhatley, post-mortem examination of the body was considered proper. Dr. Jaggi of Dharampur Primary Health Centre was asked to come and perform the post-mortem examination at Kasauli. At 4-30 P. M. on the very same day the post-mortem examination was done, and the internal examination disclosed that trachea-mucous and membrane of the trachea were bright red covered with bloody froth and congested. The right lung was also found congested with bright red colour. The liver, spleen and kidneys were also found congested with bright red colour. Dr. Jaggi opined that the death was due to asphyxia caused by coal gas poisoning, but he deferred his final opinion because he intended to send the stomach contents as well as the viscera for chemical examination. Accordingly Dr. Jaggi enclosed the stomach contents in one bottle and viscera which consisted of the liver, spleen and kidney in the second bottle. Thereafter the body was given for cremation.

(3.) THE report of the Chemical Examiner which was received on 1st or 2nd June, 1970, to the surprise of all others, indicated, that 30 miligram of strychnine poison and alcohol was detected in the first bottle which contained these stomach contents. However, in the second bottle strychnine poison was not detected, but alcohol was found.