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ARUN MISHRA, J.

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.

6. On 27.5.2000 Anil Kumar, PW-8 lodged a report at the Police Station mentioning the harassment caused by the accused to the deceased for dowry. It was mentioned that he talked with in-laws and was informed that the accused was coming to Chail in the evening. In the midnight at about 12, accused reached Chail in his Santro car. He was under the influence of liquor and was carrying a bottle of liquor in his hand and started abusing them and gave a kick-blow on the abdomen of the deceased who was pregnant. When he tried to stop, accused pounced upon them due to which he received scratches and swelling on face. Then his sister asked him to leave. Thereafter he went to the house of his friend Bablu. Later on two/three persons came. They called Bablu and enquired about him and told that the condition of his sister was not good. Then he rushed to the residential quarter of his sister and found accused Rajiv who opened the door and the condition of his sister was precarious. His sister was having a son aged 13 months. He suspected that his brother-in-law Rajiv had forcibly administered poison with intention to kill his sister. Death had occurred due to mal-treatment by the accused and action be taken against him.

11. The High Court has acquitted the respondent by the impugned judgment and order on the ground that the circumstances are not of conclusive nature. Chain of circumstances is not complete so as to unerringly point to the guilt of the accused. Though Dr. O.P. Choudhary, PW-2 stated that injuries indicated positively the administration of poisonous substance forcibly to the victim, however, he could not say whether the deceased had consumed the poison herself to commit suicide. Similar was the statement of Dr. Piyush Kapila, PW-3. His statement was also disbelieved on the ground that he could not rule out the possibility of the victim committing suicide by herself. The first information given to the police was that the victim had consumed some poisonous substance. Initially the offence under sections 306 and 498A was registered. Dr. Chaudhary, PW-2 had noticed only two injuries on the person of the deceased. However, the injuries increased from 2 to 6 in the post mortem report submitted by Dr. Piyush Kapila, PW-3. The possibility of the injuries could be caused by convulsions was not ruled out. Possibility of injuries caused by convulsions is strengthened from the fact that number of ante-mortem injuries had increased from the period the victim was examined initially and the post mortem was conducted. The prosecution has failed to prove that poison was in possession of the accused. Since the trial court has not convicted the accused under section 498A or section 304-B, IPC, it could not be said that the deceased was being ill-treated or harassed with cruelty on account of dowry. The evidence of shopkeeper Sanjay Kumar, PW-13 from whose shop accused allegedly purchased poison, is not reliable. Accused is a medical doctor. He has knowledge of poison. He would not create evidence against him by purchasing poison from Chail itself. Accused would not choose poison like organo phosphorous i.e., ‘NUVAN’ a pesticide which has a pungent smell like kerosene to kill the victim. He would have purchased better poison. The accused had administered salty water in order to enable the victim to vomit. This indicates that gastric lavage was carried out by the accused to save the deceased. He had accompanied her to Chail hospital and then to hospital at Shimla. The victim did not name the accused as responsible for administering poison and there was no occasion for her merely lifting her hand towards the accused. The conduct of brother of the deceased namely Anil Kumar, PW-8 is not free from doubt. The clothes of the deceased have not been produced to show that there were stains and traces of poison. When two views are possible one favourable to the accused is required to be adopted. Hence conviction has been set aside.