HIMACHAL PRADESH ADMINISTRATION Vs. SHIV DEVI

JUDGEMENT

(1.) The respondent, Mt. Shiv Devi, was tried by the learned Sessions Judge of Mandi of an offence under Section 302, I. P. C., i.e., of intentionally causing the death of her husband's elder brother, Jai Singh, by administering to him a deadly poison (aconite) mixed in his food. The trial Judge acquitted Mt. Shiv Devi, since, in his opinion, the case against her was not proved beyond reasonable doubt. The Himachat Pradesh Administration has come up in appeal against that order of acquittal under Section 417, Cr. P. C.

(2.) The prosecution case, briefly, was as follows : In village Banali, Tehsil Sarkaghat, district Mandi, there lived three brothers, i.e., Jai Singh, Amar Singh and Jagat Ram. While Amar Singh and Jai Singh lived and messed jointly, Jagat Ram, did so separately, although the three brothers used to reside in the same building, bat in separate rooms. Jai Singh (the victim in this case) was about 65 years of age and of the three brothers, he was the eldest. He had no male issue. His only daughter, Mt. Sundri, had been married. He had gifted a portion of his lands to Amar Singh and bequeathed the rest to his daughter, Mt. Sundri.

(3.) Amar Singh and Jagat Ram were employed in ghal work (timber floating). In that connection, they used to be absent from the village for long periods. In the month of January, 1957, they had gone out for this business. Jai Singh, Mt. Shiv Devi (wife of Amar Singh) and two minor sons of Amar Singh were living in Amar Singh's house ia village Banali. Relations between Jai Singh and Mt. Shiv Devi (who was about 24 years of age) became strained. Jai Singh suspected that Mt. Shiv Devi was leading an immoral life and was being visited by paramours. Mt. Shiv Devi, on the other hand, used to complain that Jai Singh was molesting her and compelling her to submit to illicit intercourse. On one occasion, when Jai Singh had gone out of his room to make water at night, he heard some body moving in the room of Mt. Shiv Devi. When he tried to find out who that person was, he was assaulted and pushed down by the stranger, who managed to escape. From that time, the relations between Jai Singh and Mt. Shiv Devi worsened. Jai Singh threatened to expose Mt. Shiv Devi to her husband, Amar Singh, when he returned to the village. The prosecution case is that Mt. Shiv Devi hit upon the idea of administering poison to Jai Singh (who used to take meals cooked by her) and thereby save herself from disgrace. About three months prior to Jai Singh's murder (which took place on 22-1-1957), Amar Singh and Jagat Ram had returned to the village. Amar Singh left for Chamba, while Jagat Ram stayed on in the village. On 22-1-1957, Jai Singh returned from village Sidhot in the evening. He was hale and hearty at that time. He sat at the door of his house smoking. Sant Ram, minor son of Amar Singh, called him inside saying that dinner was ready. Jai Singh went inside and took the meals cooked by Mt. Shiv Devi. He came outside and, shortly afterwards, started vomiting. Jagat Ram, who was nearby, enquired from him what the matter was. Jai Singh complained that his eyes and heart were burning and there was an irritating sensation on his tongue. He added that he had taken rice, Roti and Sag cooked by Mt. Shiv Devi. Jagat Ram took Jai Singh to his house, where the latter's condition steadily became worse. He died within two hours. The death of Jai Singh was reported to the police, at Sarkaghat, the following morning by Dila Ram (P. W. 1), a retired police officer, who lives in village Ranali. In the absence of the Station House Officer, A. S. I., Man Mohan Lal (P. W. 21) came to village Banali. After holding an inquest, he sent the dead body of Jai Singh to Mandi for post-mortem examination. He also took into his possession Bati (Ex. P. 1), into which Jai Singh had vomited, shortly before his death. He arrested Mt. Shiv Devi and Mt. Devku (wife of Amar Singh) and locked up the house. Further investigation was conducted by Rattan Singh, S. H. O. Sarkaghat (P. W. 22). As a result of police investigation, Mt. Shiv Devi was placed before a Magistrate first class (Mr. Hardayal), who, after a preliminary inquiry, committed her to the Court of Session, on 27-3-1957 A. D.