DEVINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dtd. 6/11/2020, passed by learned Additional Sessions Judge-II, Una, H.P., vide which the appellant (accused before the learned Trial Court) was convicted and sentenced as under: -

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of offences punishable under Ss. 302 and 201 of the Indian Penal Code (IPC). It was asserted that Krishna Devi (since deceased) was brought to the Regional Hospital, Una, with the alleged history of poisoning. Dr. Raman Kumari (PW12) intimated the Police Assistance Room, Regional Hospital, Una, about this fact. HC Jitender Kumar (PW13) went to the hospital and filed an application (Ex.PW12/A) for conducting medical examination of Krishna Devi and certifying whether she was fit to make the statement. Krishna Devi made a statement (Ex.PW1/A) before HC Jitender Kumar (PW13) in the presence of Sharwan Singh (PW1) and Dr Raman Kumari (PW12), stating that she had one son and one daughter. Her husband (the present accused) had forcibly administered the insecticide to her on 5/7/2018, due to which her condition deteriorated and she became ill. The accused was responsible for her condition. She had gone to Pradhan of the village during the night. She told him about the beatings given to her and the quarrels between her and the accused. The accused used to beat her earlier in a state of intoxication. He also used to harass her children. The accused had administered the insecticide forcibly to kill her. She narrated the incident to her brother-in-law, Sharwan (PW1), who visited her home and took her to the hospital. The statement was sent to the Police Station. Dr Raman Kumari (PW12) conducted the medical examination of Krishna Devi and found that she had not sustained any injury. She also issued the MLC (Ex.PW12/B). She preserved the gastric lavage and blood samples, which were separately sealed with seal impressions of Regional Hospital, Una and handed over to the Police official. She referred Krishna Devi to PGI, Chandigarh, when her condition deteriorated. HC Jitender Kumar intimated the Police Post, Pandoga, about the incident. An entry (Ex.PW10/A) was recorded in the Police Station. ASI Rashpal Singh (PW22) went to the hospital with HC Sushil Kumar. An entry (Ex.PW13/A) about his departure was recorded. HC Jitender Kumar (PW13) handed over the statement of Krishna Devi (Ex.PW12/A), MLC (Ex.PW12/B), blood sample, and gastric lavage to ASI Rashpal. ASI Rashpal (PW22) sent the statement (Ex.PW1/A) to the police station where FIR (Ex.PW22/H) was registered. ASI Rashpal recorded the statements of Dr Raman Kumari, HC Jitender Kumar, and HC Sushil Kumar as per their versions. He interrogated and arrested the accused. He went to the spot and prepared the site plan (Ex.PW22/A). He took photographs (Ex.PW11/A1 to Ex.PW11/A4). He searched the house but could not find any wrapper of poison or vomiting. He prepared a memo (Ex.PW3/A). An intimation regarding the death of Krishna Devi was received on 8/7/2018. An entry (Ex.PW10/B) was recorded. ASI Rashpal went to PGI and prepared the inquest report (Ex. PW22/G). He filed an application (Ex.PW14/A) before the Head of Department, Forensic Science, PGI, Chandigarh, for conducting the postmortem examination of Krishna Devi. The postmortem examination of Krishna Devi was conducted by Dr Senthal Kumar and Dr Nikhil Mehta (PW14), who preserved the viscera and handed them over to the Police for chemical analysis. They issued the postmortem report (Ex.PW14/C). The case property was deposited with MHC. ASI Rashpal filed an application (Ex.PW7/C) before Naib Tehsildar, Up-Tehsil, Ispur. Naib Tehsildar directed Pushpinder Kumar (PW7) to visit the spot. Pushpinder Kumar visited the spot and prepared tatima (Ex.PW7/A). He issued the copy of Jamabandi (Ex.PW7/B). Krishna Devi had filed an application (Ex.PW19/B) regarding her beating. The application and compromise (Ex.PW19/C) were seized by the police. Krishna Devi had filed an application (Ex.PW19/A) on 25/5/2018 regarding her beating in the police post where entry No.10 was recorded. The application and compromise were forwarded to the Child Project Development Project Officer, Haroli, for necessary action vide letter (Ex.PW20/G). The case property was sent to RFSL, Dharamshala, by MHC Subhash Chand through HHC Sher Singh vide RC No. 199/18 (Ex.PW20/C) on 6/7/2018 and HHC Sukhvinder Singh vide RC No. 203/18 (Ex.PW20/D) on 12/7/2018. They deposited the case property at RFSL and handed over the receipt to MHC on their return. The results of the analysis (Ex. PX and Ex.PY) were issued, in which it was mentioned that phosphine gas was detected in the gastric lavage, blood sample and viscera of Krishna. An application (Ex.PW14/E) for obtaining a final opinion was filed before the medical officer. A final opinion (Ex.PW14/F) was issued by Dr. Nikhil, stating that the cause of death was phosphine poisoning in this case. The statements of witnesses were recorded as per their versions. The admitted handwriting of Krishna Devi was taken into possession. Statement of the deceased Krishna, MLC, admitted handwriting and the complaints made by her were sent to RFSL, Dharamshala, for comparison. Dr. Meenakshi Mahajan (PW16) examined these documents and found that disputed and admitted documents were written by the same person. She issued the report (Ex.PW16/D). After the completion of the investigation, the challan was prepared and presented in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Una, H.P., who committed it for trial to the learned Sessions Judge, who assigned it to learned Additional Sessions Judge, Una-II, H.P. (learned Trial Court) for trial.

(3.) Learned Trial Court charged the accused for the commission of offences punishable under Ss. 302 and 201 of IPC to which he pleaded not guilty and claimed to be tried.