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2020 Supreme(HP) 759
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, J.
Vandana Devi - Appellant
Versus
State of Himachal Pradesh - Respondent
Criminal Miscellaneous Petition (Main) No. 1970 of 2020
Decided On : 29-12-2020
N.K. Thakur, Advocate, Divya Raj Singh, Advocate, R.P. Singh, Advocate
The main legal point established in the judgment is the reliance on medical evidence, expert opinions, and witness statements to determine the involvement of the accused in a heinous crime, and the consideration of the nature and gravity of the offense in deciding on bail.
Headnote:
Herbicide - Murder - Indian Penal Code (IPC) Sections 302, 328, 498A, 201, 34 - The court discussed the provisions of IPC Sections 302 (murder), 328 (causing hurt by means of poison), 498A (cruelty towards wife), 201 (causing disappearance of evidence of an offense), and 34 (acts done by several persons in furtherance of common intention) in the context of the alleged murder by administering herbicide to the deceased. The court considered the medical reports, chemical analysis, and expert opinions to determine the cause of death and the involvement of the accused in the heinous crime of murder.
Fact of the Case:
The petitioner, accused in a case of murder under various sections of the IPC, sought bail. The case involved the alleged administration of herbicide to the deceased wife of the petitioner's brother. The deceased had made a written complaint before her death, alleging harassment and poisoning by the petitioner and other family members. The petitioner's counsel argued that the prosecution's story was unbelievable due to inconsistencies and delay in lodging the complaint. The state contended that there was sufficient evidence to establish the petitioner's involvement in the crime.
Finding of the Court:
The court found that the medical reports, expert opinions, and the statement of the deceased's daughter provided sufficient evidence to establish the involvement of the petitioner and other accused in the murder by administering poisonous substance to the deceased. The court also considered the nature and gravity of the offense and denied bail to the petitioner.
Issues: The issues involved the credibility of the prosecution's case, the delay in lodging the complaint, the medical evidence, and the involvement of the petitioner in the alleged murder.
Ratio Decidendi: The court relied on the medical reports, expert opinions, and the statement of the deceased's daughter to determine the involvement of the petitioner in the murder. The court also considered the nature and gravity of the offense in denying bail to the petitioner.
Final Decision: The court dismissed the petitioner's plea for bail, considering the nature and gravity of the offense and the evidence presented by the prosecution.
JUDGMENT
Vivek Singh Thakur, J. - 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 and brother Vipan Kumar @ Vikku (husband of deceased) have also been arrested for murdering Smt.Shalu Devi wife of Vipan Kumar (coaccused).
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.
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.
8. During investigation, Pol
