Himachal Pradesh High Court
Vandana Devi vs State Of Himachal Pradesh on 29 December, 2020
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 1970 of 2020 .
Reserved on: 7.12.2020
Date of decision: 29.12.2020
Vandana Devi. ...Petitioner.
Versus
State of Himachal Pradesh. ...Respondent.
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 Yes.
For the Petitioner: Mr.N.K. Thakur, Senior Advocate with Mr.Divya Raj Singh, Advocate.
For the Respondent: Mr.R.P. Singh, Deputy Advocate General, through Video Conferencing.
ASI Jitender Kumar I/C P.P. Dheera, PS Bhawarna, District Kangra, H.P., present in person.
Vivek Singh Thakur, Judge Petitioner is accused in case FIR No. 97 of 2020, dated 24.6.2020, registered under Sections 302, 328, 498A, 201 and 34 of Indian Penal Code (IPC) in Police Station Bhawarna, District Kangra, H.P.
2. Petitioner has been arrested in this case on 5.7.2020 and since then she is in custody and thus she has approached this Court seeking regular bail.
3. Petitioner is sister-in-law (Nanad) of deceased Shalu Devi. Besides petitioner her husband Ashwani Kumar, mother Rashma Devi Whether the reporters of the local papers may be allowed to see the Judgment? Yes ::: Downloaded on - 29/12/2020 20:17:12 :::HCHP 2 Cr.M.P. (M) No. 1970 of 2020 and brother Vipan Kumar @ Vikku (husband of deceased) have also been arrested for murdering Smt.Shalu Devi wife of Vipan Kumar (co- accused).
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4. As per status report filed on behalf of respondent-State, Shalu Devi (now deceased) had approached Police Chowki, Dheera, Police Station Bhawarna, with a written complaint, stating therein that she was wife of Vipin Kumar (accused), R/o Village Sanwar, Gram Pranchayat Pudwa and that during night of 21.6.2020, her sister-in-law (petitioner), brother-in-law (husband of petitioner) and mother-in-law (mother of petitoner) had overpowered her and her husband had poured a herbicide, (used for spraying on grass) in her mouth, with intention to kill her. However, when her daughter started shouting, her sister-in-law (Nanad) and brother-in-law (Nandoi) had fled from the scene on scooter, to their house at Maruh (Suri). Further that her mother-in-law used to harass her for bringing inadequate dowry and her husband used to demand a vehicle from her mother and for birth of two daughters, her husband and mother-in-law used to taunt her and her husband also developed illicit relations with other ladies and she was having call recording of talks of her husband with those ladies, but when she disclosed the said recordings and played it before her Nanad and Nandoi, then petitioner (Nanad), in order to save her brother, tried to kill her and also took away the memory card along with them.
5. In the complaint, it was also stated that earlier also husband of complainant had gifted payal to a lady of Gharana Panchayat which came to knowledge when goldsmith had asked for payment thereof and payment thereof was made by her mother-in-law to conceal the incident.
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6. As per complaint, husband of complainant had also taken huge loan from PNB Thural without any information to the family and this fact was revealed to the family on receipt of a notice from the bank .
and at that time also whole amount was repaid by her mother-in-law, sister-in-law, brother-in-law and other relatives. According to complaint, when, on 22.6.2020 at noon, mother of complainant had visited her in-laws, then her mother-in-law had abused her mother and asked to take the complainant to her parental home, whereupon her mother had taken her in an unconscious state to her home and today i.e. 24.6.2020 at 4:00 A.M. she regained consciousness and thereupon she approached the police with complaint.
7. On receiving the aforesaid complaint, case under Sections 328, 323 and 34 IPC was registered in Police Station. Shalu Devi was taken to CHC Dheera and was medically examined at 12:00 noon, where it was observed that there was abrasion of 2X3 CM over right side of chin, swelling and pain in lower lip, ulcer on tongue and lower lip and abrasion of 1X1 CM over right side of neck of the complainant. It was also observed by the doctor that there was pain in mouth and complainant was facing difficulty in speaking since last three days. As per MLC, patient had disclosed alleged history of forceful consumption of poisonous substance and beating by her husband and family members on 21.6.2020 at 9:00 P.M. at home, for which she took treatment on 22.6.2020 at private hospital from Doctor Sunil Dhiman. She was advised to have further investigation and was prescribed certain tests from different departments of the hospital. Lateron complainant was referred to Rajinder Prasad Government Medical College and Hospital (RPGMC), Tanda for treatment. ::: Downloaded on - 29/12/2020 20:17:12 :::HCHP 4 Cr.M.P. (M) No. 1970 of 2020
8. During investigation, Police has recorded statement of Dr. Sunil Dhiman on 24.6.2020, wherein he has stated that deceased Shalu was brought to his clinic by her husband (Vipan accused) on .
22.6.2020 at 9:00 A.M. and it was disclosed by her husband that she had consumed something during night and when he (Dr. Sunil Dhiman) had inquired about it from deceased Shalu, she did not speak and she had covered her face with dupatta and was appearing to be alright and he had given her vitamin B Complex, injection vitamin B complex, tonic live and Capsule Ogarazole and he has advised husband of deceased to get her medically checked up from somewhere else.
9. From CHC Dheera, deceased Shalu Devi was referred for treatment to RPGMC, Tanda. After registration of FIR, her statement had not been recorded by the Police and, therefore, Investigating Officer had approached Medical Officer Dr. RPGMC, Tanda for getting opinion about fitness of Shalu for recording her statement. It was stated in the application that after registration of FIR, deceased Shalu was not able to speak and, therefore, her statement could not be recorded and, thus, a request was made to the Doctor to give opinion about the condition of deceased Shalu to record her statement. On this application Dr. Rohit Thakur had opined that patient was unfit to give statement.
10. On 3.7.2020 bottle of herbicide, forcibly poured in the mouth of complainant Shalu, was also taken in possession and sent for chemical analysis, Zonal Forensic Laboratory, Dharamshala.
11. On 4.7.2020, complainant Shalu had expired and her dead body was subjected to post mortem.
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12. After death of Shalu, Section 302 IPC was also incorporated in the case and after postmortem of the dead body of deceased, report thereof was obtained, wherein opinion regarding .
cause of death in the case was kept reserved till report of Chemical Analysis and Histo Pathology Examination report.
13. Thereafter, on 5.7.2020, petitioner Vandana Devi (sister- in-law of deceased) along with co-accused Vipin Kumar, Ashwani Kumar and Rashma Devi (respectively husband, brother-in-law and mother-in-law of deceased) were interrogated and arrested.
14. On 9.8.2020 statement of Shagun alias Mansi, daughter of deceased Shalu and accused Vipan Kumar, aged approximately 9 years, studying in 4th class, was recorded under Section 164 Cr.P.C. before Judicial Magistrate 1st Class, Palampur, District Kangra, H.P. In this statement, Shagun alias Mansi had stated that her mother was beaten by her grand-mother, bua, father and buaie (accused persons) and her grand-mother had pressed throat of her mother, buaie had slapped, her father and bua were beating with chappal and thereafter her grand-mother held her mother catching her legs and buaie caught her hands and firstly, her bua had forced her mother to consume a medicine to be sprayed on grass, which was vomited by her mother and thereafter her father forcibly made her mother to consume it and on that day call of her grand maternal mother (Nani) was also received and thereafter her grand-maternal mother had taken them.
15. As per RFSL report, no poison could be detected in stomach, part of small intestine, liver, spleen, kidney and blood of deceased. As per report of Chemical Analysis bottle of liquid, forcibly ::: Downloaded on - 29/12/2020 20:17:12 :::HCHP 6 Cr.M.P. (M) No. 1970 of 2020 poured in the mouth of deceased, was found as Herbicide (Paraquat Dichloride).
16. In Pathology report, comments of Assistant Professor, .
Pathology were as under:-
Kidney: Acute Tubular Necrosis (ATN).
Lung: Alveolar edema and hemorrhage.
Liver: Descriptive.
17. After taking into consideration report of Pathology, report of RFSL and postmortem report, two Doctors were of the common opinion that death of deceased was because of septicemic shock which could be possible, in this case, due to Paraquat poisoning, as alleged.
18. It is contended on behalf of petitioner that alleged incident of forcing deceased to consume herbicide is of 21.6.2020 and thereafter deceased was taken to hospital by her husband on next day and on the very same day, mother of deceased had taken deceased with her and deceased stayed in the house of her mother up to 24.6.2020 and for the first time Police was approached on 24.6.2020 with written complaint and thereafter deceased was referred to RPGMC Tanda and in these circumstances it becomes unbelievable that a person who was forced to consume poison on 21.6.2020 kept on moving up to 24.6.2020 and thereafter her condition became critical and she died on 4.7.2020 on account of consumption of poisonous substance.
19. Learned counsel for the petitioner has also contended that there is inordinate delay in lodging the complaint and possibility is that complainant may have consumed something after lodging of complaint ::: Downloaded on - 29/12/2020 20:17:12 :::HCHP 7 Cr.M.P. (M) No. 1970 of 2020 and might have died because of such consumption of some substance, whereas conduct of husband is showing that he was not having any intention to kill deceased, as he himself had taken her to a private .
clinic for treatment. It is further contended that in post mortem report as well as in report of RFSL, no poison or poisonous substance was detected either in the body or in viscera and also, as has come in the statement of Dr. Sunil Kumar Dhiman recorded by the police, that deceased despite inquiry by the said Doctor had not spoken anything and her blood pressure was also within standard parameters. It is also canvassed that statement of Shagun alias Mansi, daughter of deceased is also to be discarded for the reason that it was recorded on 9.7.2020, i.e. after death of deceased and, therefore, tutoring of this child witness, who is residing with her paternal grand-mother (Nani) cannot be ruled out. Further that there is possibility that out of frustration, for extra marital relationship of her husband, deceased may have consumed poison. It is further pointed out that in MLC it has been recorded that patient was conscious, co-operative and well oriented to time, place and persons. Lastly, it is contended that when complaint filed by deceased Shalu with the Police, has been signed by her, there was no reason for not recording her statement by the Police on the same date. Therefore, it is stated that story of prosecution is unbelievable.
20. It is also submitted by learned counsel for the petitioner that petitioner is mother of small children and both, petitioner as well as her husband, have been roped in the present case and both are in judicial custody and there is none to look after their small school going children, thus it has also canvassed that in view of provision of Section ::: Downloaded on - 29/12/2020 20:17:12 :::HCHP 8 Cr.M.P. (M) No. 1970 of 2020 437 Cr.P.C. providing special treatment to women accused, petitioner may be enlarged on bail, particularly keeping in view her responsibility as mother towards her small children studying in school.
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21. It is contended on behalf of respondent-State that there is sufficient evidence on record to establish involvement of the petitioner along with other accused in administering poisonous substance to deceased Shalu forcibly, as Shagun alias Mansi is daughter not only of deceased, but also co-accused Vipan and she, has unambiguously narrated the incident with categorical narration of complete role of each accused in commission of offence and further during inquiry by the Magistrate, she has also stated that when she had visited the house along with Police, her grand-mother (co-accused) had been showing her hand to slap, which indicates that it was not nani (maternal grandmother) but parental grandmother (accused) who was trying to influence the child by frightening her.
22. It is also contended on behalf of State that in view of opinion of two Doctors, given on the basis of Pathology report, postmortem report and Chemical Analysis report of RFSL, it has been clearly established that petitioner along with others was involved in commission of heinous crime of cold blooded murder as for such opinion, report of RFSL whereby it has been reported that no poisonous substance was found in stomach, intestine, spleen, liver, kidney and lungs etc, is of no consequence, because two doctors have opined after taking into consideration the entire material available before them including the RFSL report.
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23. Present case is different from normal poisoning case, as after consumption of poison, condition of person goes deteriorating immediately after consumption, whereas in present case deceased .
after consumption of herbicide on 21.6.2020 at 9:00 P.M., was able to move and had also visited the private clinic, mother's house and Police Chowki herself and thereafter her condition started deteriorating and lastly she was in a state where she was not found fit by the Doctor to make statement and ultimately she died on 4.7.2020, i.e. after 13-14 days from the date of alleged consumption of poisonous substance.
24. Paraquat (N, N'-dimethyl-4, 4'-bipyridinium dichloride) is one of the most widely used herbicides in the world. Paraquat dichloride is a herbicide currently registered to control weeds and grasses in many agricultural and non-agricultural areas.
25. Paraquat causes direct damage when it comes into contact with the lining of the mouth, stomach, or intestines. After paraquat enters the body, it is distributed to all areas of the body. Paraquat causes toxic chemical reactions to occur throughout many parts of the body, primarily the lungs, liver and kidneys.
26. According to the Centers for Disease Control, ingesting paraquat causes symptoms such as liver, lung, heart and kidney failure within several days to several weeks that can lead to death up to 30 days after ingestion. Those who suffer large exposures are unlikely to survive. Within 30 hours of oral ingestion, lung tissue contains the highest concentration of the compound. On its consumption one may have signs or symptoms, such as nausea, vomiting, pain, trouble breathing, seizure, confusion, or abnormal skin color. Pesticide half- lives can be lumped into three groups in order to estimate persistence. ::: Downloaded on - 29/12/2020 20:17:12 :::HCHP 10 Cr.M.P. (M) No. 1970 of 2020 These are low (less than 16 day half-life), moderate (16 to 59 days) and high (over 60 days). Pesticides with shorter half-live tend to build up less because they are much less likely to persist in the .
environment. Research shows that paraquat greatly increases the risk of a person developing Parkinson's disease. Ongoing exposure to paraquat also can damage brain cells and lead to heart failure, kidney failure, liver failure and lung scarring. Paraquat (dipyridylium) is a highly toxic weed killer (herbicide).
27. In view of above, it is clear that in case of Paraquat herbicide, presence of poisonous substance in the body of victim may sustain even for less than 16 days. Consumption of Paraquat in present case is of 21.6.2020 and postmortem of deceased was conducted on 5.7.2020, as she expired on 4.7.2020 after 13-14 days of alleged consumption of Paraquat. Therefore, absence of any poison in the parts of body does not lead to a conclusion that there was no poisoning to the deceased or deceased has not died of Paraquat poisoning. Further Paraquat poisoning may damage liver, lungs, heart, kidney failure, not immediately, but within several days to several weeks and sometimes it may lead to death up to 30 days after ingestion and the person having large exposure is unlikely to survive.
28. No doubt question of personal liberty is of a great importance, particularly keeping in view the provisions of Article 21 of Constitution of India, however, at the same time, nature and gravity of the offence and impact of grant of bail on the society are also an important and necessary factor, which requires consideration at the time of grant or refusal of bail.
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29. Considering the facts in entirety and also nature and gravity of offence, I am of the considered view that grant of bail to the petitioner at this stage would be a case of misplaced sympathy.
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Therefore, I do not find it fit to enlarge the petitioner on bail at this stage and accordingly, present petition is dismissed.
(Vivek Singh Thakur), th 29 December, 2020 Judge.
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