IN OLDEN TIMES THE HINDUS NEITHER USED FOOTWEAR NOR DID THEY WEAR UNDERWEAR AS IT WAS CONSIDERED TABOO TO WEAR ANYTHING ON THE FEET EXCEPT KHARAVAS OR WOODEN SANDALS.
THEN IN 52 AD THOMAS CAME TO KERALA AND GOING AGAINST THE WISHES OF JESUS CHRIST CONNIVED WITH THE MUSLIMS WHO MADE LEATHER TO HELP CONVERT THE LOCAL POPULACE AS SLIPPERS WERE ALLOWED INSIDE CHURCHES AND THERE WERE NO BUYERS OF LEATHER FOOTWEAR EXCEPT THE MUSLIMS.
JESUS HAD TOLD HIM TO SPREAD CHRISTIANITY BUT WITH THE BURIAL MESSAGE OF "DUST TO DUST AND ASHES TO ASHES YOU SHALL BE"
CHRISTIANITY WAS AS PEACEFUL AND MUSICAL AS THE TORAH AS THE PURANAS AND AS SHIVA. BOTH THE BIBLE AND THE 18 PURANAS WERE WRITTEN ON SONGS SUNG IN PRAISE OF THE ALMIGHTY LORD AND THE REINCARNATION OR ADVENT OF GOD ON THIS EARTH TO SAVE MANKIND.THEY WERE BASED ON FOLKLORE WHICH WAS SUNG BY BARDS TO GIVE RELIGION AND VALUES TO THE LOCAL PEOPLE.
BUT DUE TO DOUBTING THOMAS'S DISOBEDIENCE OF CHRIST AND CONNIVANCE WITH THE MUSLIMS ,THE FIRST TO BE CONVERTED WERE THE COBBLERS WHO WANTED TO SELL MORE SHOES TO THE CHURCH GOERS .CHRISTAINITY AS A RELIGION WAS ADOPTED ONLY FOR ECNOMICAL REASONS AND OTHER PEOPLE ROPED IN .
THE MUSLIMS IMPOSED THE BURIAL PRINCIPLE IN LEIU OF THEIR HELP TO DOUBTING THOMAS AND WHAT WAS SO BLESSED AND PURE TOOK ON THE SEX,VIOLENCE AND HATRED PRINCIPLE OF DIVIDE AND RULE.AS WOMEN WERE TARGETED BY MUSLIMS AS THEY WERE UPHOLDERS OF RELIGION ,MEN WERE LURED BY RIPE HOT BODIES OF YOUNG WOMEN TO LURE THEM OFF RELIGION AND INTRODUCE SEX AND MUSLIM CONVERSION IN OLD AGE.THE CHRISTAINS WHO CONVERTED HELPED IN THIS AS MUSLIMS WERE THEIR ONLY SUPPORTERS IN A COUNTRY TOTALLY IMBUED WITH PASHU PATI SANATAN HINDUISM.THAT IS WHY PROTESTANT RELIGION WAS MORE IN INDIA AS MOTHERS WERE ANNIHILATED.
IN 1875 ARYA SAMAJ WAS INTRODUCED BY HEINOUS BRITAIN TO FURTHER KILL GOOD WOMEN SO THAT A HOUSE HOLD IS DEVOID OF HINDUISM,BUT THEIR REASONS WERE TOTALLY TO EXPLOIT THE COUNTRY AS HAS BEEN WRITTEN BY me PREVIOUSLY.
THE FACT REMAINS THAT THERE ARE MANY ATHEISTS WHO WOULD LOVE CHRISTIANITY AS THEIR RELIGION WITHOUT THE NEED TO CONVERT IF IT IS PRESENTED IN ITS ORIGINAL FORM OF KENNEDY.
MY FAMILY WAS STAYING AT 86/3 NARMADA ROAD SINCE MY GRANDFATHER MR.NATHU SHAH DHODY'S TIME.
BUT IN 1977 THE LAND LORD OF THE HOUSE ,MR.VERMA SOLD THE HOUSE TO A LOCAL SHOE MANUFACTURER CALLED SETHI IN CONNIVANCE WITH THE LAWYER STAYING IN FRONT OF THE HOUSE CALLED MR.SAHANI ,WHOSE WIFE ALSO STRANGELY BELONGED TO DELHI.
HER NAME WAS SWARAJ AND WAS HIDEOUS LOOKING THIN WOMAN LIKE A POMERARIAN DOG AND QUEEN ELIZABETH OF ENGLAND .
I SUSPECT THAT MY FATHER'S DOWNFALL WAS BROUGHT ABOUT BY MY MOTHER WHO HAD HEINOUS CONNECTIONS IN DELHI ,AS ALSO WITH KALRA.
AFTER NARMADA ROAD HOUSE MY FATHER COULD NOT GET ANY HOUSE ON RENT IN JABALPUR EXCEPT FOR 1ST FLOOR OF AN ARYA SAMAJHI'S HOUSE CALLED DANI -A RIDICULE OF MY DAD'S ANCESTORS WHO HAD GIVEN THEIR LANDS TO THE BRITISH IN LEIU OF THE LAGAAN THEY USE TO LEVEL ON THE INNOCENT FARMERS IN MY ANCESTOR GUMANDA SINGH DHODY'S RIYASAT IN PAKISTAN.
ITS ADDRESS WAS 14/9 NAPIER TOWN OR CHOWDHA BATE 9 AND IN A COMPOUND BELONGING TO DR.BARAAT CALLED BARAAT COMPOUND OR TRANSLATED MARRIAGE PROCESSION COMPOUND BUT OF A DOCTOR -PURE ARYA SAMAJ AND ARTICLE 370 EQUATION OF KILLER ARYA SAMAJ , MUKHERJEE NAGAR ,DELHI.
THE TURKEY,ISRAEL AND BETHLEHEM ENDEAVORS OF MY ANCESTORS WERE IN PURE FAITH OF JESUS AS A SAVIOR WHICH WAS HEINOUSLY MANGLED BY THE LIKES OF MY MOTHER AND SAHANI ,WHO BROUGHT IN THE HELL CHRIST OF ENGLAND TO PUNISH MY FAMILY FOR ITS FAITH SAME AS THE JAISWAL CASE BURDENED ON MY BROTHER VIPIN DHODY IN INDORE FOR FIGHTING WITH THE BUILDER MAFIA .
A YOUNG BOY IS NOT ALLOWED TO GET MARRIED AND THEN A WOMAN WITH HER PERFUMES SITS BESIDE HIM IN ARENA MULTIMEDIA AND TYPES LOVE LORN LETTERS TO HER BEAU IN AMERICA ON HER COMPUTER IN BOLD , HAVING THE CONNOTATIONS OF MY BROTHER?
THEN IF ANYTHING IS DONE BY MY BROTHER -I WILL BE PUNISHED FOR IT?IF KALRA GOES TO BED AND WEDS IN BIGAMY ,THE MUSLIMS WILL CHANGE MY RELIGION AND PUNISH ME? WHY I ASK ? I AM AN EDUCATED CITIZEN OF INDIA ENJOYING FUNDAMENTAL RIGHTS AND CASTING MY VOTE.
DOES MY BROTHER OR KALRA CAST MY VOTE?WHAT ABOUT THE MONEY I HAVE EARNED TILL DATE.? HOW CAN A LEGAL RELATIONSHIP CHANGE A PERSON'S RELIGION?
THERE WILL SURELY BE RIOTS IF SUCH AN INJUSTICE IS IMPOSED ON FAMILIES.
THEN WHAT ABOUT THE HINDU MARRIAGE ACT OF 1955 WHICH CLEARLY SAYS THAT ON CHANGE OF RELIGION BY A MAN HE WILL BE DISINHERITED FROM THE ANCESTRAL PROPERTY?
WHAT ABOUT THE NATIONAL WORK I AM DOING ON DATE ?ARE MY FAMILY MEMBERS CONCERNED WITH IT?RATHER THEY HAVE WORKED TO DESTROY IT AS ALSO ALL MY MORALE AND SELF ESTEEM.
PLEASE ALSO READ WHAT THE DELHI UNIVERSITY DID AS A DEAD DUCK WITH MY WORK HAVING STRATEGIC IMPORTANCE FOR THE COUNTRY AS THE PEOPLE SITTING OVER IT WERE SIKHS ,GUPTAS AND ISLAMIC ARYA SAMAJHIS WHO LOOK FOR A YOUNG WOMENS BOOBS AND BACK INSTEAD OF THEIR BRAINS IN THE RESEARCH DEPARTMENT IRRESPECTIVE OF HOW IMPORTANT A RESEARCH MIGHT BE FOR THE COUNTRY.
EVEN A GOOD WOMEN'S WORK IS SNATCHED FROM HER AND UPLOADED TO AN OFFICIAL SUCKER WITH BOOBS AND BODILY ASSETS;IRRESPECTIVE OF BRAINS AS THE SHOW IS BEING RUN BY PEOPLE WHO SEE HOW FIRMNESS OF VAGINAS AND KASKAR AND YOUNG BODIES CAN BE SOLD TO OLD MEN WITH MATERIAL ASSETS IN LEIU OF THEY BEING AWARDED THE HARD WORK OF SOMEBODY ELSE .
DEGREES FOR SALE.
THEN WHO ARE THE REAL PROSTITUTES AND AND WHO ARE THE WOMEN WHO NEED TO BE SENT TO THE MAHILA SUDHAR GRAH ON NIGAM BODH GHAT ROAD.?
ONLY IN ISLAM ARE WOMEN PUNISHED BY BEATINGS IF THEY DISOBEY THEIR HUSNABDS WHO ARE IN REALTY OLD ENOUGH TO BE THEIR FATHERS GIVING BEATINGS TO WAYWARD CHILDREN.
PLEASE READ THE INTERESTING CASE OF PRABHAT UPPAL AND UNDERSTAND HOW CHADDIS ARE IMPORTANT FOR KHALISTANIS -AS SLIPPERS WERE IMPORTANT TO CHRISTIANS IN THE OLDEN DAYS BUT ARE A NECESSITY NOW A DAYS.
HOWEVER IF YOU RUB A FACT IN SAYING THAT THE REALM OF SLIPPERS AND CHADDIS BELONG TO A PARTICULAR CASTE OF PEOPLE ALSO SO PSYCHOLOGICALLY SOMEBODY ,THEN THEY MIGHT JUST GIVE UP WEARING AT LEAST THE CHADDIS AND PREFER TO BE CHADDI LESS AND BRALESS.
Case of Prabhat Uppal-FIR No.369 0f 17-8-88-IPC 301/309.
Reference-The Indian Penal Code-Ratanlal & Dhirajlal-28th Edition “Centenary Edition”-1896-1997.
Criminal Procedure-R.V.Kelkar.-4th Edition
The sections relevant to the Case Explained taking “ Mens rea” into consideration.
The Indian Penal code is principally the work of a man who had hardly held a brief, and whose time was devoted to politics and literature,yet it is universally acknowledged to be a monument of codification and an everlasting memorial to the high juristic attainments of its distinguished author.It is clearly its purpose to adapt the degree of punishment to the purpose of repressing violations to the good order of society.The degree of punishment is very important.
The application of criminal law clearly defines the fact whether a crime inflicts definite evils,either on specific persons or on the community at large.In criminal law the general principle is that there must be some guilty condition of mind in every offence.Hence mental set is important to judge a crime.This is designated by the expression “ Men’s Rea”.It is however in the power of the legislature to enact that a man may be convicted of an offence although there was no guilty mind.Where a statute requires a mental state to be proved as an essential element of a crime, the burden is also on the prosecution to prove it.
In criminal cases the presumption of law is that the accused is innocent.The burden of proving every fact essential to bring the charge home to the accused lies on the prosecution.The evidence must be such to exclude every reasonable doubt that the accused is guilty.In matters of doubt it is safer to acquit than to condemn,since it is better that several guilty persons should escape than one innocent person suffer.
Application of Psychological Principles
As the entire Indian Penal code is based on the English system with reference to English cases we can safely assume that on the application of psychological principles to the present case we can refer to the American system; as psychological treatment is primarily American. G,STANLEY HALL(1844-1924) brought psychology to the United States and founded its first laboratory at JOHN HOPKINS in 1883,and helped start the AMERICAN PSYCHOLOGICAL ASSOCIATION IN 1892 and became its first President.
American law itself is based on British Law.Any Psychotic/Neurotic illness can be a precipitating factor . Law requires the proof of unsoundness of mind at the time of committing offence.Hence any psychiatrist cannot predict that his/her patient can commit murder under the clause of insanity as he/she was under his/her treatment.Only 18% psychotics are violent and aggressive.They are too preoccupied with their inner conflicts to be violent. A majority of mental patients are docile harmless ,or even good natured individuals possessing average or less than average physical endurance and strength.Their conduct is more annoying than dangerous, and unless provoked they are quiet and easily managed.(Reference-Page,J.D. and D.S.Page:“Criteria for mental hospitalization,J.Abnorm.soc.Psychol.,1941,36,433-435.
Pg-354
Death caused by the effect of words on imagination and passion-Help was taken in the case Sharad Birdichand Sarda vs. State of Maharashtra AIR 1984 SC 1622;1984 lj 1738:[1984] 4 SCC 116; 1984 SCC (Ori);487.He consulted the works:
- Robert J, “Death ,Society and Human Experience” pp.242-252
- K.Hinchliffe,Doughlas Hooper and F.John Roberts; “The Melancholy Marriage”
- George . W .Brown and Terril Harris, “Social Origins Of Depression”
- Stanford H. Kadish “Encyclopedia of Crime and Justice”
Crime of Passion
A crime of passion, in popular usage, refers to a crime in which the perpetrator commits a crime, specially assault or murder, against a spouse/significant other or other loved one due to sudden jealous rage or heartbreak rather then as a premeditated crime. In some countries, notably FRANCE, Crime passionnel has been a valid defense during murder cases.
In the Indian Penal Code there are some defining sections and some punishment sections.
Defining Section
Section-300-Exception 1.
Culpable homicide is not murder if the offender, whilst deprived of the power of self control by grave and sudden provocation or causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.
Explanation-Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.
Punishing Section
Section 304 Part 1.
If the act is done with intention of causing death or such bodily injury as is likely to cause death, the punishment is imprisonment for life ,or imprisonment of either description for a term which may extend to ten years, and fine.
PG-389- CLAUSE 4.Exception 1.- Provocation.-Sustained provocation.In suicide the provocation builds up.There is pent up anger.
Self-Control-The individual; is deprived of self control.The feelings had an adequate cause which took away from the person doing the crime,all control over his actions.The mode of resentment bears a proper and reasonable relationship to the sort of provocation that has been given.Words and gestures are important to provocation.The mental background created by the previous acts of the victim may be taken into consideration in ascertaining whether the subsequent act caused grave and sudden provocation for committing the offence.A history of suffering suffered by the appellant at the hands of the victim is relevant to show loss of self-control and it may also show why the accused lost self-control in the face of what was not objectively strong provocation.There is a loss of self control in suicide.In the application of this requirement, the accused person’s personal provocability is equally important.The question that the courts have to face is that of the gravity of the provocation first upon the accused himself, and then upon the reasonable man. The personal characteristics of the accused which are very important in the mental frame of suicide ie. His “self-control” and “response” characteristics are relevant.It is here suicide mental set comes in.PG.388-The court in a case said that it is open to the accused to establish provocation where the act of the deceased, though relatively unprovocative if taken in isolation, is the last of a series of acts which finally provoked the loss of self-control and so precipitated his extreme reaction which led to the death of the deceased.Though the murderous act need not follow immediately from the provocation , the longer the gap between the incident the less likely the defence of provocation. is to succeed.An Asian women suffers over a period of years abuses from her husband.She killed him by setting fire to a bedroom in which he was asleep and convicted of murder.She pleaded provocation by reason of husband’s violence.The prosecution contented distance between the provocation and response to it.The court of appeal allowed her appeal and ordered retrial.The court said that the loss of self-control need not be immediate.
“The mental state of the accused at the time of the incident may be taken into account for determining whether the response was the result of self-control.”
Doctrine of, and acts amounting to sustained provocation.-What exception 1 of section 300 contemplates is a grave and sudden provocation whereas the ingredient of sustained provocation is a series of acts more or less grave spread over a certain period of time , the last of which acting as the last straw breaking a camel’s back may even be a trifling one.
The appellant Prabhat Uppal will plead for 304 part 1. and punishment for ten years with or without fine on the following grounds.
301-Injury to the child in utero-If a person by doing anything which he intends or knows to be likely to cause death of any person,whose death he neither intends or knows to be likely to cause death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would of which it would have been if he had caused the death of the person, whose death he intended or knew himself to be likely to cause.
309-Whoever attempts to commit suicide and does any act towards the commission of such an offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
For all charges we take the assumption of suicide caused by extreme sustained provocation which the appellant suffered and which would have been injurious to the mental health of even a reasonably calm man.We plead the punishments to run together.
The assumptions here under are assumptions based on:-
1.The knowledge of Psychology from the books
a.)“Abnormal Psychology and Modern Life”James .C. Coleman .University of California at Los Angeles. –(Pg-603-621).
b)DOLLARD ,J.et all:Frustration and Aggression .New Haven:Yale University Press ,1939.
2.They are also based on the knowledge of facts conveyed by the suicide notes found on the spot and the report given by SHO Karolbagh.Delhi as on 17-8-88 regarding murder at 9A/17 WEA Karolbagh, Delhi.
3.An analysis of the organophosphate poison- TIK-20 which has effects on the brain,subsequent toxicological symptoms and amount of consumption which contributed to the crime.
4.Facts conveyed by Shri Prabhat Uppal.
The honorable judge will grant that :-
- No criminal history of appellant.
- Not a menace to community or society.
- .Subsequent good and calm behavior for 17 years which proves mild nature.
- If suicide had not been on the mind of the appellant the murder would not have occurred.
- There should be a difference in punishment for a criminal who kills another without any enmity and only for monetary and personal gains, and one who suffered sustained provocation and extremely severe life circumstances.
- There was no help and co-operation from significant others.
- The consumption of TIK-20(Organophosphates) itself causes irritability.Because they potentially interfere with cholinergic transmission in the human nervous system, they alter automatic responses, disturb judgement, produce abnormal emotions, especially aggressive responses.Organophosphates exert their effects by inhibiting cholinesterase, an enzyme that prevents stimulation from becoming too intense or prolonged by destroying the acetylcholine involved in the transmission of impulses in the autonomic nervous system.ANGER AND AGGRESION THUS ARE BOTH SYMPTOMS OF POISONING THE MENTALLY DISTURBED STATE OF SUICIDE ALSO HAS PENT UP ANGER ,HOSTILITY,AND DESIRE FOR REVENGE. Muscarinic and nicotinic effects in the peripheral nervous system and central nervous system effects. These effects usually appear within a few minutes to 24 hours after dosing, depending on the extent of exposure.
- All organophosphates are insoluble in water and thus prepared in petroleum distillate.Concentration in Tik-20- 60ml bottle should be found out.Primary indication to a layman is smell.But excessive thirst caused by salivation,Excessive urination, and vomiting, diarrhea will wipe out smell.A water deficit motivates the person to drink.Thirst is also caused by disturbed levels of ADH and excessive urination.Osmoreceptors respond to cellular dehydration. Organic chemicals are more soluble in lipids and therefore can usually pass through the lipid-rich cell membranes more readily than can inorganic chemicals. As a result, organic chemicals are generally absorbed more extensively than inorganic chemicals.Rapid metabolism and subsequent excretion may not leave much metabolites in urine(95%) or faeces(10%).But rapid metabolism will lead to toxicological symptoms.Blood analysis is also not conclusive as symptoms have already manifested.There are no signs on tongue or mouth with Tik-20 ingestion.Otherwise too suicide cases are likely to pour it down their throat than take the taste through mouth.Diarrhea is also symptomatic to the mental state of suicide..Bladder and faecal control is lost.
- Miosis (pinpoint pupils) most commonly, but 15 percent have mydriasis(excessive dilation of the pupils of the eye) secondary to epinephrine release from adrenals due to nicotinic receptor stimulation.
- From-17/8/88 to 22/8/88 the appellant was in JPN hospital.There were manifest symptoms of organophosphate poisoning.Submit treatment and antidote details.
- In most cases of diazinon-related deaths in humans, the amount of the insecticide ingested is not known. Thus, an estimate of the minimally lethal dose is not possible.
- If blood sample is not drawn within 1-2 hours after exposure; cholinesterase levels will not be depressed.Another report described an incident involving 100 persons (55 males, 45 females), most or all of whom attempted suicide by drinking diazinon formulation known as Tik-20 in India. Cases were graded according to severity of symptoms:
· Grade I, no clinical signs (14);
· Grade II, only symptoms including vomiting,diarrhea, abdominal pain, giddiness (21);
· Grade III, miosis with or without Grade II symptoms (27);
· Grade IV, pulmonary edema, with or without Grade II/III symptoms (23);
· and Grade V,unconsciousness, with or without Grades II-IV symptoms (15) (Balani et al. 1968).
12. Hematological Effects. Diazinon exposure is not likely to produce adverse effects on the blood and bone marrow in humans. Hematological analysis performed on samples from 5 individuals (3 males,2 females) who intentionally ingested 60-180 mL of 25% diazinon solution (estimated to deliver a dose of 240-400 mg/kg for males and 509-986 mg/kg for females) found that leucocyte counts, hemoglobin, and hematocrit were all within normal ranges(Klemmer et al. 1978). (Leucocyte counts (3,700, 95% polymorphonuclear), hemoglobin(16.3 g), and hematocrit (47) were all within normal ranges (Klemmer et al. 1978). )
13.Biomarkers Used to Identify or Quantify Exposure to Diazinon
Diazinon is rapidly absorbed from the gastrointestinal tract and widely distributed throughout the body in both humans (Poklis et al. 1980) and animals (Janes et al. 1973; Mticke et al. 1970). No human or animal studies have reported the presence of unchanged diazinon in the urine following exposure.Stomach wash is also therefore not indicative of organophosphate poisoning.
As diazinon is rapidly metabolized and excreted from the body, urinary and fecal
metabolite analysis is useful only in the evaluation of recent exposures. There are no studies which report a quantitative association between metabolite levels and exposure to diazinon in humans.Therefore, these biomarkers are only indicative of exposure and are not useful for dosimetric analysis.
14.Biomarkers Used to Characterize Effects Caused by Diazinon
The major action resulting from human exposure to diazinon is the inhibition of cholinesterase activity. Two pools of cholinesterases are present in human blood;acetylcholinesterase in erythrocytes and serum cholinesterase (sometimes referred to as pseudocholinesterase or butyrlcholinesterase) in plasma. Acetylcholinesterase, present in human erythrocytes, is identical to the enzyme present in neural tissue (the target of diazinon action) while serum cholinesterase has no known physiological function. Inhibition of both forms of cholinesterase have been associated with exposure to diazinon in humans and animals (Coye et al. 1987; Edson and Noakes 1960: Soliman et al. 1982). Inhibition of erythrocyte, serum, or whole blood cholinesterase may be used as a marker of exposure to diazinon. However, cholinesterase inhibition is a common action of anticholinesterase compounds such as organophosphates (which include diazinon) and carbamates. In addition, a wide variation in normal cholinesterase values exists in the general population, and there are no studies which report a quantitative association between cholinesterase activity levels and exposure to diazinon in humans. Thus, cholinesterase inhibition is not a specific biomarker of effect for diazinon exposure, but is indicative only of effect, and not useful for dosimetric analysis. It should be noted that serum cholinesterase activity has been reported to be a more sensitive marker for diazinon exposure than erythrocyte acetylcholinesterase (Endo et al. 1988; Hayes et al. 1980). In light of this, it has been suggested that in the absence of baseline values for cholinesterase activity, sequential post-exposure cholinesterase analyses be used to confirm a diagnosis of organophosphate poisoning (Coye et al. 1987). In combination with analysis of reductions in the level of cholinesterase activity, the manifestations of severe diazinon poisoning, clinically characterized by a collection of cholinergic signs and symptoms (which my cause dizziness, fatigure, tachycardia, or bradycardia, miosis, and vomiting) (Bichile et al. 1983; Dagli et al. 1981; Hata et al. 1986; Kabrawala et al. 1965; Klemmer et al. 1978; Reichert et al. 1977; Wadia et al. 1974; Wedin et al. 1984) are useful biomarkers of effect for identifying poisoned victims of diazinon. These manifestations are also not specific to diazinon but to anticholinesterase compounds (such as organophosphates and carbamates) in general. Organophosphate insecticides like diazinon are rapidly absorbed after inhalation, ingestion, and dermal contact. This test is only useful if done within a few hours or days of exposure.This is because diazinon is rapidly broken down and excreted from the body.
15.Diazinon is rapidly metabolized, with an estimated mammalian biological half-life of 12-15 hours (Iverson et al. 1975; Miicke et al. 1970)
About 18-25% was excreted in the feces with a small amount expired in air. Depending on the properties of the substance (e.g., biologic half-life) and environmental conditions (e.g., duration and route of exposure), the substance and all of its metabolites may have left the body by the time samples can be taken.Stomach wash not indicative of poisoning.
16.Death essential to attract 304.-For conviction under 304 the case must fall under one of the five exceptions of section 300.Where under any other condition the murder would not have taken place.Only under condition of mental set of suicide did the murder take place.it was offense of culpable homicide not amounting to murder punishable under section 304 Part 1.
17.No one wanted to be part of his family strife , for fear of taking sides, which lead him to believe that no one was with him in his life.Reference English note-“You people have also had doubt on me and always looked upon me with a suspicious eye.But please for God’s sake believe me-------.He was rejected by significant others.Witness should be given in court by significant others that they did not co-operate.
18. .Quarrelsome nature of wife and led to believe that anyway her adjustment with his parents if he died alone would not be possible.
19.Married life was extremely difficult as wife challenged manhood of the appellant in private moments .Refer to English note-
- “Somehow marriage life has not suited me.”
- “Somehow I am not happy with life &wanted to change my way &work &lead a life a sadhu.”
- “ I am just frustrated of life”
It is apparent that words were uttered by the deceased which led him to believe that he is incompetent as a man and would not be successful in any married relationship.Sense of hopelessness is apparent.His self-esteem was destroyed and he thought himself incapable to have any other relationship in life.Herein also lies the contradiction of making wife pregnant , keeping a “Debonair”, magazine in briefcase and wanting to become a sadhu/Hanuman Chalisa.The appellant was alternating with extremes in Life,due to bad marriage.
20.Provocation clause granted to him as his calm nature has been proved by his record in jail and on parole with family members.
21.Positive note shows that he wanted to end his life on a good note. Full of asking for forgiveness..Wants to be remembered well after death. The suicide note content is itself proof that the appellant was in a mental state of suicide.Pg.611 Coleman.
22.Mental equilibrium is important in cases of marital discord.
23.Death caused by the effect of words on the imagination or the passions of a person amounts to culpable homicide.Words can lead to sustained provocation and hence killing of oneself and wife.The loss of self –control need not be immediate.If suicide had not been intention ,wife would not have died.Did not murder wife alone.Steady build up of resentment.
“Anger is a passion to which good and bad men are both subject and mere human fraility and infirmity ought not to be punished equally with ferocity or other evil feelings.”-IPC_Ratanlan-PG-384.
24.Occupational problems were also there.
25.God fearing and respect for elders in note of suicide.He has confessed of killing his wife.No effort to destroy evidence.
26. The majority of persons who commit suicide are actually quite ambivalent about taking their own lives.In present case when cause of suicide was removed and heat of the moment elapsed the appellant neither had the means nor will left to take his own life.The toxicological symptoms of Organophosphate poisoning are sufficient to cause extreme distress..
27...Suicide state is a Mental Disorder(Fuller 1973).The lethality scale for assessment of Suicide potentiality corresponds to appellant.
Psychological Manifestations of Suicide.
Jean Pierre Falret (1794-1870) to deal extensively with the subject of suicide as an indication of mental disorder.(Fuller-1973).In his review of suicide among historical personalities,Falret(1822) performed what has been called “the first psychological autopsy” when he examined the possibility then.Jean Jacques Rousseau had taken his own life.
“In some people the idea of suicide tortures them for months, for a year or even for many years.;this affiliction seems to have taken a long time to sap the existence of the Geneva philosopher.Of a happy temperament but gifted by a high sensitivity,Rousseau becomes afflicted by the miserable state he finds himself in and the somberest of melancholy fills his heart.Apprehensive faint hearted,timid, suspicious, he avoids men because he believes they are all perverse ,all his enemies.He seeks solitude and soon wishes for death.”
Lets look at some of his immortal writings to justify our assertion.
“Here I am alone on earth, without parents friends or society.Thus the most loving of men has been banished by unanimous agreement.I have been in this painful situation for more than 20 years, it still seems dream to me.I have headaches and continued indigestion.,the least things scares me, upsets me and saddens me-----.Since my body is only an embarrassment, an obstacle to my rest, I shall seek a way to divest myself of it as soon as it will be possible.”(Cited in Fuller 1973pg.60)
The irreversible choice is made when they are alone, and in a state of severe psychological stress,unable to see their problems objectively or to evaluate alternative courses of action.
Thus a basic humanitarian problem in suicide is the seemingly senseless loss of life by an individual who may be ambivalent about living, or does not really want to die.
.A second tragic concern arises from the longlasting distress among significant others that may result from such action.As Shneidman(1969) has put it “The person who commits suicide puts his psychological skeleton in the survivor’s emotional closet----“(pg22)
Who commits Suicide-
Three times as many men commit suicide but more women make suicide attempts.Most attempts occur in the context of interpersonal discord or other such severe life stress.
24-44 years susceptible age.
“Lethality scale for assessment of Suicide Potentiality”
In assessing “Suicide Potentiality” or the probability that a person may take his own life, the Los Angeles Suicide Prevention Centre uses a “Lethality Scale” consisting of ten categories.
1.Age and Sex-The potentiality is greater for men .24-44 years susceptible.
2.Symptoms-The appellant showed symptoms of depression, feelings of hopelessness.
3.Stress-The appellant suffered loss of employment, increased responsibility.
4.Suicidal Plan-The potentiality is greater in proportion to the lethality of the proposed method and the organizational clarity and detail of the plan.
5.Resources-The potentiality is greater if the individual has no family and friends are unwilling to help.
6.Acute vs Chronic Aspects-The potentiality is greater when there is a sudden onset,of specific symptoms, a recurrent outbreak of similar symptoms, or a recent increase in long standing maladaptive traits.
7.Prior suicidal behavior-The potentiality is greater if the individual has evidenced one or more prior attempts of a lethal nature or has a history of repeated threats and depression.
8.Communication aspects-The potentiality is greater if communication between the individual and his relatives has been broken off, and they reject efforts by the individual or others to re-establish communication.
9.Reaction of significant others-Potentiality is greater if a significant other, such as the husband or wife, evidences a defensive, rejecting punishing attitude, and denies that the individual needs help.
10.Medical Status-The potentiality is greater when there is chronic,debilitating illness or the individual has had many unsuccessful experiences with physicians.
The final suicide potentiality rating score is a composite score based on the weighting of each of the ten individual items.
There is sustained build up of stress factors.Crisis commonly associated with suicide run the gamut from interpersonal disruptions through Failure and Self-Devaluation to loss of meaning and hope.
]
Interpersonal Crisis-
Interpersonal Conflicts and disruptions, such as those associated with marital conflict, result in severe stress.Often such interpersonal difficulties include a combination of stressful factors-such as frustration and hostility over feeling rejected, a wish for revenge, and a desire to withdraw from the turmoil of a relationship that is highly conflictful and hurtful, but on which the individual feels dependent.Often for men if the woman draws comparisons to other men in her life,or in rare instances challenges manhood and failure in sexual life, a non-performer; can be source of highly destructive pent-up anger , which may result in even killing spouse and later taking up own life, as the person sees no escape from his own weaknesses or ever having a successful relationship with anyone else.This results in
- Feelings of failure and self-devaluation
- Loss of meaning and hope.
Coupled with rejection of spouse; if significant others also reject him it leads to suicide.
Suicidal Intent-From the standpoint of intent or motivation suicide appears to be one method of obtaining relief from an aversive life situation.In times of intense stress the individual’s ability to think rationally is often impaired.
“When clinical depression becomes acute mental myopia is common.That is to say a depressed person is emotionally incapable of perceiving realistic alternative solutions to a difficult problem.His thinking process is often limited to the point where he can see no other way out of a bad situation other than that of suicide”PG-85
In some instances the individual’s thinking sems to involve a combination of depression coupled with intense anger and hostility and a desire to seek revenge on other persons.As Weissman, Fox, and Klerman (1973) have described it, “the suicide attempter is usually depressed , hostile and immersed in a network of interpersonal relations that are frustrating and maladaptive”.Many people develop hostile attitudes towards the source of their frustration.We usually dislike and are vindicative towards people who humiliate us or prevent us from attaining our goals.The intensity of the attack varies with the amount of frustration. Suicide is aggression directed towards self and thus self-punishment. .If it is combined with the murder of the person who was the source of humiliation it is also aggression direct towards significant other.
Emotional content of suicide note-
Positive emotional content-Interestingly enough , 51% of the notes in the study by Tuckman et all (1959) showed positive affect , expressing affection, gratitude and concern for others.
This 51% weighs in favor of present note of Mr. Prabhat Uppal which is positive and shows the intention of the appellant was suicide and not murder. An example of another positive note –Pg611-Coleman
“Please forgive me and please forget me.I’ll always love you.All I have was yours.No one ever did more for me than you, oh please pray for me please” .(pg60)
Cohen and Feidler(1974) concluded “Many note writers seem to be motivated to influence the response of survivors.The desire to be remembered positively by a survivor may account for the large number of statements expressing positive affect.By statements of love and concern, a note writer may try to reassure both the survivor and himself of the worth of their relationship and his own worth as a person”Pg.612.
According to 2003 Ruling any case pertaining to Life imprisonment will be for entire life span if it involves a woman.The accused will also be not subject to pardon on any occasion,for good behavior or from the state.(CRPC-IPC)
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. A. No.477/2000
08.09.2006
Reserved on :
Date of Decision:
PRABHAT UPPAL .... Appellant
Through: Mr.Arun Bhardwaj, Sr.Advocate
with Mr. Sunil Chowdhary, Adv.
versus
THE STATE .... Respondent
Through: Mr. Ravinder Chadha, APP for
the State with Mr. Jagdish
Prasad, Advocate.
CORAM:
HON'BLE MR.JUSTICE R.S.SODHI
HON'BLE MR.JUSTICE P.K.BHASIN
1.Whether Reporters of local papers may be allowed to see the judgment?
[YES]
2.To be referred to the Reporter or not? [YES]
3.Whether the judgment should be reported in the digest? [YES]
J U D G M E N T
R. S. SODHI, J.:
1. Crl. A. No.477/2000 seeks to challenge the judgment of Additional
Sessions Judge, Delhi in Sessions Case No.73/97 whereby the learned judge vide
judgment and order dated 18.07.2000 has held the appellant guilty under Section
302 IPC and further vide his order dated 21.07.2000, sentenced the appellant to
undergo life imprisonment and also to pay a fine of Rs.1,000/- and in default to
further undergo rigorous imprisonment for three months under Section 302 IPC.
2. Brief facts of the case as have been noted by the learned Additional
Sessions Judge in his judgment are as follows :-
?Prosecution case, as set up in charge-sheet, is that on 17-8-88, on receipt of
information that a woman, who slept at night, was found dead in a house No.9-
A/17, W.E.A. Karol Bagh, DD No. 16-A was recorded. Thereupon, SI Ashok Kumar
along with Ct. Jagdish reached the place of incident. Insp. Rajinder Prasad
Gautam also reached there in his official vehicle. They found the dead-body of
Shama Uppal, w/o Prabhat Uppal @ Sunny lying on double-bed in a room. The inner
bolt (chitkani) of the door was found broken. Prabhat Uppal had already been
removed to hospital. The place was got photographed. On searching the room one
brief-case lying near the bed was found from which a hand written note of
Prabhat Uppal in Hindi was recovered wherein it was mentioned, ?Dr. Mamma and
Papa, pairi pauna. After giving you trouble I am killing myself with Shama of
my own. Actually, initially I tried to kill myself alone but do not know how I
escape. Then I realise as to what would happen to Shama. I did not want that
Shama should suffer like Deepa. So, I am killing Shama and then killing myself.
I am really sorry that your life and that of your daughter's has been spoiled by
me. Believe me, I did not spoil the life of you people intentionally. I have
always respect for both of you from the core of my heart. I do not know as to
why I am so frustrated from my life and now while not troubling you again and
again would trouble you only once. You try to forget me. Excuse me for my this
mistake. Your son- (Initials of Sunny)?
Along with this note two more notes in English language were found. Some froth
was noticed from the nose of Smt. Shama, the deceased. Some marks of abrasion
were found on her neck. Two empty Tik-20 bottles and their covers were also
found there. From the inspection of the place and the contents of the notes it
was revealed that Smt. Shama was murdered. And as such offence under Section
302/309 IPC was made out. Accordingly, case was got registered and the
investigation was taken up by the Inspector.
During investigation the place was got photographed; rough site plan was
prepared; from the brief-case of Prabhat Uppal @ Sunny, lying in the room
towards the head side of the bed, a letter-head pad of Dunlop India Ltd. was
found, in which one note in Hindi and two notes in English, written by Prabhat
Uppal, were found. In the notes, Prabhat Uppal has written about killing his
wife Smt. Shama Uppal and from the same brief-case a personal diary of Prabhat
Uppal was recovered. From the spot, two empty bottles and covers of Tik-20
along with one pillow was seized. Inquest proceedings were conducted by Shri
D.P. Dwivedi, the Executive Magistrate. The post-mortem on the dead-body of
Smt. Shama Uppal was conducted. The doctor, who conducted the post-mortem,
opined that injuries were ante-mortem caused by strangulation (manual), pressure
on the neck structure was sufficient to cause death in the ordinary course of
nature. Accused Prabhat Uppal @ Sunny since tried to commit suicide by
consuming some poisonous substance was get treated from
8-88
of accused Prabhat Uppal @ Sunny was obtained and sent to CFSL along with
questioned documents and the expert opinion was obtained. Statement of
witnesses were recorded; scaled site plan was got prepared from the draughtsman.
Prabhat Uppal @ Sunny gave statement to Shri D.P. Dwivedi, Executive Magistrate
on
investigation it was revealed that accused Prabhat Uppal wanted to commit
suicide but did not want that his wife Shama to live a life of a widow and as
such on the night intervening 16/17-8-88, he strangulated her to death in the
bed-room of his house and then tried to commit suicide. After the completion of
the investigation challan was filed for the offence under Section 302 IPC.?
3. Prosecution in order to establish its case, examined as many as 32
witnesses. Of these, PW 1HC Kali Ram is the photographer who photographed the
spot where the dead body of a female was lying. PW 2 HC Naresh Pal was a Duty
Officer at P.S. Karol Bagh, who received the information from PCR that a women
was found dead in the morning in H. No.9A/17, WEA Karol Bagh. PW 3 ASI Prem
Pal, Duty Officer deposed that he had received rukka sent by SHO, Karol Bagh
through Constable Subhash, on the basis of which he recorded FIR Ex. PW3/A. He
also proved DD No.9A Ex. PW3/B which was the information received from RML
Hospital regarding the admission of Prabhat Uppal. PW 4 Surjit Kumar Chaddha is
the father of Shama (deceased) and deposes to the effect that on 20.04.1988,
Prabhat Uppal along with Shama came to Delhi and stayed at Karol Bagh.
Thereafter, Prabhat left for Muzzafarpur and his daughter Shama continued to
stay at his house. This witness deposes as to the movements of Prabhat Uppal
and states that on 30.06.1988, Prabhat Uppal went to Karol Bagh and thereafter
left for Haridwar. After two or three days, he came back and on 05.08.1988, this
witness received a phone call from Pramod Uppal that Prabhat was lying
unconscious. The witness along with his wife and family doctor went to the
house of Pramod Uppal in Karol Bagh from where it was revealed that Prabhat
Uppal had consumed some drug and became unconscious. On 16.08.1988, Prabhat
Uppal took Shama to Karol Bagh on the pretext that they were going to
Muzzafarpur on the next day. On 17.08.1988 at about 7 a.m., Pramod Uppal
informed this witness on telephone that his daughter had been killed and Prabhat
Upal was lying unconscious. The witness along with his wife, son and family
doctor went to the house of Pramod Uppal in Karol Bagh and found that Prabhat
Uppal was lying unconscious and his daughter was dead. The doctor examined both
of them. Prabhat Uppal was removed to the hospital. The witness deposed that
from briefcase P-15 in the room, three letters were found written by Prabhat
Uppal. He proved these letters P-16, 17 and 18. One diary belonging to Prabhat
was also recovered as P-19. The briefcase was seized vide memo Ex. PW 4/A. One
pillow cover P-21, Tik-20 cover P-22 and 23, their empty bottles P-24 and 25
were also seized vide memo Ex. PW 4/B. He also stated that on 21.08.1988, he
handed over the letter P-26, written and signed by Prabhat to him to the police
and the same was seized vide memo Ex. PW 4/C. PW 5 Smt. Janak Chaddha is the
mother of the deceased Shama and has deposed on the lines of her husband, PW 4.
PW 6 Ashok Chaddha, uncle of the deceased deposed that on 17.08.1988 he received
information and reached H. No.9-A/17, WEA, Karol Bagh and found Shama lying
dead. He identified the dead body of Shama after the postmortem and received
the dead body vide Ex. PW 6/A. PW 8 Dr. Pramod Kumar Sharma corroborates PW 4
that when they reached house of the accused Shama was found lying dead while the
accused was lying unconcious. PW 16 Sh. D.P. Dwivedi was the Executive
Magistrate who reached RML Hospital for recording the statement of Prabhat
Uppal. He recorded the statement Ex. PW 16/A. PW 18 Dr. L.T. Ramani conducted
the postmortem on the body of Shama and found the following external injuries :
-
?1. Small reddish bruise 1 cm x 1 cm on the left
side of thyroid cartilage.
2.Bruising on the left side front of neck upper part over 2 cm x 2 cm area.
3.An abrasion 2 cm x 1 cm on the left side middle of neck.
4.Bruising on right side of upper part of neck along with the neck crease. Size
4 cm x 2 cm.
5.Bruise on the right side lower part of neck over 3 cm x 2 cm area.
6.Bruise 1 cm x 1 cm on the under surface of chin in the midline.?
4. On internal examination he found the following injuries : -
?Scalp tissues were normal. Skull bones were intact. Brain was congested. On
dissecting neck structures, excavation of blood was found in sub-cutaneous neck
tissues under the bruises. Blood clot was present in the deeper neck layers
around left cornea of hyoid bone which was however intact. Thyroid cartilage
was intact. Trachea contained froth. Ribs were intact. Lungs showed sub-
pleural potechieal haemorrhagic spots. Heart was normal. Stomach mucosa was
normal. No typical smell was detected in the stomach and body fluids. Other
abdominal organs were normal. Uterus was enlarged almost full term and
contained a male foetus 45 cm long. Bladder and rectum were half filled.?
5. He also proved postmortem report Ex. PW 18/A. According to him
pressure on the neck was sufficient to cause death in the ordinary course of
nature and that the death was due to asphyxia resulting from strangulation.
6. PW 26 SI Bhure Lal deposed that on 22.08.1988, accused was discharged
from hospital and was arrested and his personal search was conducted. During
the interrogation, accused made disclosure statement Ex. PW 26/C and pointed out
the chemist shop from where he had purchased Tik-20 bottles seized vide memo Ex.
PW 26/D. PW 26 SI Bhure Lal and PW 30 SI Laxmi Chand also stated that accused
gave his specimen signatures on his consent on nine papers, i.e., Ex. PW 26/E1
to E9. PW 30 further deposed that on 02.09.1988, he had gone to the office of
the accused in Patna where he was employed and took into possession an
application made by the accused, one letter, five itinerary memos vide Ex. P-
13/1 to 4 and P-13/5a to 5d. All these were taken into possession vide memo Ex.
PW 13/A. PW 30 further states that he collected the CFSL reports Ex. PW 30/A to
D and the report of the handwriting expert. PW 32 Sh. M.K. Jain, the
handwriting expert, deposed that all documents were examined by him with
scientific aids and he came to the opinion that the handwriting evidence pointed
out to the writer of the specimen handwriting and signature marked S-1 to S-9
and admitted writing A-1 to A-14, being the person responsible for having
written the questioned Hindi and English writings Q-1 to Q-23 which included
three letters of the appellant recovered from his room. PW-32 then went on to
give detailed reasoning for his said opinion.
7. The accused was examined under Section 313 Cr.P.C. He admitted his
marriage with the deceased. The accused showed his ignorance and denied having
killed his wife. He examined DW 1 Dr. Devinder Mohan who stated that the
accused was under medical treatment suffering from miniac depressing psychosis
and has been prescribed anti-depressant medicines. He also deposed that the
accused remained under treatment at All-India Institute of Medical Sciences till
02.12.1995. The record sheet of his treatment was proved as Ex. DW 1/A.
8. It is argued before us by learned Sr.Counsel Shri Arun Bhardwaj that
the accused cannot be held guilty of having committed murder of his wife since
the accused did not have any mensrea to do so. He submits that taking the
prosecution's case at the highest to the effect that circumstantial evidence
pieced together, points a finger of guilt towards the accused yet, the vital
ingredient to hold the appellant guilty of murder is missing, namely, his intent
to cause death by strangulation or otherwise of the deceased. Learned counsel
submits that the letters written by the accused and his statement made before
the Magistrate must be read as a whole and not in isolation. He also submits
that snippets here and there cannot be used to the detriment of the accused.
9. Learned counsel for the State, however, contends that from the evidence
adduced, it can safely be said that the accused has committed the murder of his
wife by strangulating her to death after forcing her to partake in a suicidal
bid.
10. We have heard learned counsel for the parties and carefully examined
material available on record. We find that the Prosecution has been able to
bring on record the statement of the accused-appellant before the Executive
Magistrate which we have no reason to discard as also the letters Ex. P-16 to
P-18 written by the accused-appellant in which he admits having put an end to
the life of his wife. These letters of the appellant and his statement before
the Magistrate together with the statement of the father of the deceased, PW-4,
Mr. Sudhir Kumar Chadha, to the effect that the accused and his daughter had
cordial relations and that the deceased-Shama was pregnant with the child of the
family, as also that the accused-appellant made an unsuccessful attempt to
commit suicide earlier which fact was suppressed by the family, do not, in any
manner, implicate the appellant with any family discord. Similar is the
statement of PW-5 Smt. Janaki Chadha, the mother of the deceased and of PW-12
Hanoot Kumar, brother of the deceased. They too do not complain of any discord
between the deceased and the accused-appellant. PW-12 has categorically deposed
that the accused was normal to him and his sister (the deceased) and also that
the accused used to respect his parents.
11. With this evidence on record supported by the medical evidence and the
circumstance that as per the prosecution itself the door of the room in which
the appellant and the deceased had slept was in the morning found bolted from
inside and had to be broken open, there is little or no doubt of the appellant
having put an end to the life of his wife, Shama. The question that arises for
consideration is as to what is the offence that has been committed by the
appellant?
12. It appears that the appellant is suffering from some sort of a mental
disorder which leads him to a state where he has made attempts to end his life.
The appellant, according to his father-in-law PW-4, Surjit Kumar Chadha, had
earlier also made an attempt at his own life but providence saved him. The
situation did not get better and on the fateful night when he shared his desire
to kill himself with his wife, she too expressed her desire not to live as a
widow. What actually transpired between the couple appears to have been
narrated by the accused himself in his statement to the Executive Magistrate
(PW-16) , Ex. PW-16/A when he himself, was in a critical stage and was eye ball
to death, having consumed substantial quantity of Tik-20 pesticides. The
statement of the accused needs to be reproduced for better appreciation:
?My marriage was solemnized with Shama Uppal on 17/11/87 according to Hindu
rites and customs. After the marriage,we stayed at Muzafarpur for a period of
three months. Thereafter, I left my wife Shama with my father .Then my parents
brought my wife Shama to Delhi in order to attend the marriage of my aunt's
daughter (father's sister's daughter) where I was also present. Subsequently, I
again came back to Muzafarpur. As per the advice of doctor and my parents that
she should not move much, I left her in Delhi itself. Moreover,she felt
inconvenience in Muzafarpur due to the hectic touring nature of my job.Even then
we,the husband and wife were having cordial relations.
I had, with the view of doing side business,purchased some flaps which
are used in the tyres -of trucks.I had purchased the said flaps of the tyres
through Rana and paid a sum of Rs.39000/ as a consideration thereof. Later
on,these flaps turned to be defective ones. At this Rana asked me to return his
flaps; that he would return either my money or replace the flaps. Anyhow, Rana
did not pay me anything and he did not even come back. I remained perturbed
because of this very reason. I had supplied goods to my some old parties. When
I personally contacted the said parties, I found that they did not exist there.
Consequently, the company held me responsible for all these transactions.
Anyhow, company did not suffer financial any loss because of the above
transactions. Even on earlier occasion, I had lost a sum of Rs.23,000/- which
was assigned to me by the company. Consequently, I started remaining more
upset. Ultimately, I suffered a loss of goodwill in the company.
So far as the issue of one girl namely Beauty is concerned, she was my
girlfriend and we both had passed out graduation from Ranchi University at one
time. My wife Shama was well acquainted with her and both used to talk with
each other frequently. So much so Beauty used to resume talks with Shama over
telephone frequently. I don't have any knowledge of this fact that people were
suspicious of our relationship. In fact, none ever suspected our relationship
whatsoever.
Even on previous occasion, on 5.8.1988, the Friday, I had attempted to
commit suicide by way of consuming as many as 125 tablets of compose. One
doctor from G.K.-II attended me and put me under drip of Glucose, etc. My
family members did not lodge any report to the police. It means that I had
attempted to commit suicide last time because of my non-adjustment with my wife.
As a matter of fact, my in-laws wanted me to shift to Delhi and undertake a
business over there which I did not like at all.
On the night of 16.8.1988 at about 12:30 AM/1:00 AM, I disclosed to my
wife that I did not want to go back to Muzaffarpur; that I don't know as to why
I am fed up with my life and that I want to commit suicide. I am disclosing all
this to you because you are my wife. At this, Shama said that she did not want
to lead life like Deepa and that she too would commit suicide. I had been
keeping Tik-20 in my briefcase for the last one month after purchasing the same
from the market. I asked her if she wanted to die, she may also consume Tik-20
and that she consumed a little quantity of it but she said that she would not be
able to take more. Then, we both consumed tablets of Compose. She took only 1
or 2 tablets of Compose whereas I consumed 15 tablets of it. Then I started
writing a letter. Thereafter, she started feeling suffocation and tried to
scream. I clamped her mouth and placed my hand on her neck. I did not attempt
to eliminate her but I don't know as to how I had eliminated her. In fact,
after making her sleep, I wanted to put an end to my own life. Thereafter, I
got somewhat frightened and completed writing the letters. Then I went to
toilet and came back. Thereupon, two bottles of Tik-20 in a glass.
Subsequently, I started smoking cigarette. Then I tried to open the bolt of the
door but I don't know as to when I became unconscious. I regained consciousness
today in the morning. I have become hapless after the demise of my wife.
Signed by Prabhat Uppal Recorded by
alias Sunny Mr. D.P. Diwedi,
(In English) Executive Magistrate
18.08.1988?
13. The statement, read as a whole, shows that there was a suicidal pact
between the husband and the wife in furtherance whereof the wife-deceased
consumed Tik-20. However, when the body felt uncomfortable and, in all
likelihood, manifested a choking feeling the deceased panicked. It was at this
time, in order to prevent the deceased from creating a commotion and from
screaming, did the accused try to gag her and applied pressure on her neck.
However, this pressure was more than the deceased could bear which resulted in
her dying of asphyxia due to strangulation. The process of strangulation may
have aggravated the reaction of the pesticides in the body of the deceased
causing her death, but it cannot be said that the appellant had the intent to
cause death. It is a case where there was no premeditation on the part of the
accused to kill his wife but was a pact for suicide in which the deceased
partook by swallowing a portion of Tik-20. The act of strangulation appears to
be done in the heat of passion.
14. We must not lose sight of the fact that the evidence on record shows
that the couple were happily married and enjoyed each other's company. There
were no strained relations nor was there any motive other than the suicide pact
mutually entered into by both the parties without pressure or coercion that the
death of the wife occurred. The appellant who too swallowed Tik-20 once again
providentially escaped death.
15. In these facts, to hold that the offence is 'murder' would be doing
violence to the definition of 'culpable homicide amounting to murder'. The case
would, at the highest, fall under Section 304 IPC. We are of the view that
exception 5 to Section 300 IPC is attracted which reads as follows :-
?Exception 5 ? Culpable homicide is not murder when the person whose death is
caused, being above the age of eighteen years, suffers death or takes the risk
of death with his own consent.?
16. The deceased was indisputably over the age of 18 years. When the
appellant told his wife, the deceased, that he wanted to put an end to his life
she also volunteered to do that. Then the deceased consumed Tik-20 and tablets
of Calmpose. The appellant consumed 15 tablets of Calmpose. When the deceased
felt suffocated the appellant put his hand on her mouth resulted in her death.
From this it is clear that Shama suffered death at the hands of the appellant
with her own consent. PW-8 Dr. Parmod Kumar Sharma who had accompanied the parents of the deceased to her house on getting the information of the incident
and had found her lying dead and accused lying unconscious does not claim to
have noticed anything suggesting that the deceased had resisted strangulation.
That circumstance also shows that she had consented to the act of her husband.
17. On the applicability of Exception 5 to Section 300 IPC we may usefully
refer to a judgment of Madras High Court reported as Re. Naina Muthu Kannappan;
AIR 1940 Madras 138. In this case the accused was held guilty of murder of his
concubine. The prosecution had relied upon his confessional statement made
before a Magistrate in which he had claimed that he had killed the deceased at
her own request and with her consent. The accused was convicted under Section
302 IPC by the Sessions Court and sentenced to death. However, Madras High
Court in appeal filed by the convict held that the offence committed by him was
of culpable homicide not amounting to murder. The relevant para of the judgment
of Madras High Court is as follows:-
?The question however remains whether in the circumstances of the case, the
offence was one of murder or whether it comes within the fifth exception to S.
300. The learned Public Prosecutor does not support the finding of the learned
Sessions Judge that the offence proved against the appellant was murder. The
evidence in the case is that the accused and the deceased were on affectionate
terms and there was no motive whatever for the accused to encompass the death of
the deceased. In his confession to the Joint Magistrate, the appellant stated
that he killed the deceased at her own request and with her glad consent. He
started that on the night in question, after some talk, she declared that she
would sever her connexion with him and go away and then in the alternative, she
suggested that both of them might commit suicide and that in the morning he
killed her at the place where her body was found. This version of the crime
apparently has been accepted from the beginning by the prosecution and it
clearly amounts to this that Palaniammal suffered death at the hands of the
appellant with her own consent. There were two contusions on the body besides
the fatal wound on the neck which look as if they were caused by blows with a
stick. But the accused was not asked about these marks. It was not suggested
to him that the said marks were inconsistent with the statement which he had
made to the Magistrate that the deceased had consented to be killed. There may
be an explanation of these marks consistent with the story given the appellant.
In these circumstances we set aside the conviction for murder and convict the
appellant of culpable homicide not amounting to murder.?
18. Benefit of Exception 5 to Section 300 IPC was extended to a convicted
accused by Patna High Court also in an appeal. That decision is reported as
Dasrath Paswan Vs. State of Bihar; AIR 1958 Patna 190. In that case also the
accused was convicted for the murder of his wife primarily on the basis of his
judicial confession. In that case the accused had failed successively for three
years in his annual school examinations. The accused took his failures to
heart. Before the incident he told his wife that he had decided to end his
life upon which his wife told him to kill her first and then kill himself.
Accordingly in accordance with the pact with his wife he killed her with a bhala
giving her three violent blows on her neck. Patna High Court in these facts
gave benefit of Exception 5 to Section 300 IPC.
19. In the result, we allow this appeal to the extent that the conviction
of the appellant is altered from Section 302 IPC to Section 304 (Part I) IPC.
Further, considering the circumstances in which the deceased lost her life and
the mental state of the appellant, the sentence of imprisonment for life awarded
to the appellant is reduced to the period already undergone. The judgment under
challenge is modified accordingly and the appeal partially allowed. The
appellant shall be set at liberty forthwith, if not wanted in any other case.
[R.S. SODHI]
JUDGE
[P.K. BHASIN]
JUDGE
September 8, 2006
'AA'/jt
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MY SISTER VIMI UPPAL'S ENDEAVOR TO GET BOTH HER SISTER AND BROTHERS DECLARED AS SUFFERERS OF MENTAL ILLNESS TO GET BAIL FOR 1977 SUNNY $ CHADDHA SODHI.
Date of Order : 10.01.2002Present: Mr.S.P.Minocha for the appellant.
Mr.Ravinder Chadha for the State.
CASE NUMBER : Crl.M.2933/2001 in Crl.A.477/2000Appellant, a life convict is seeking suspensionof sentence as he was suffering from Maniac DepressivePsychosis and wanted to be treated for this. Medical report supports his claim. All the same we deem itappropriate to direct Superintendent, Tihar Jail toarrange for his examination, treatment and report at IHBAS. interim bail. Requisite report be submittedwithin three months from receipt of this order.
List on
B.A. KHAN, J.
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Research in Forensic PsychologyFrom: "mamta kalra" To: cvc@nic.in, sudhirkumar.vc@nic.in, vc2@cvc.delhi.nic.in, cenvigil@nic.in, suvrathan@nic.in, sbanerjee@arpg.nic.in, ashokpai@dpgcs.delhi.nic.in Message contains attachments Research in Forensic Psychology.eml (28KB) Forwarded Message: Research in Forensic Psychology Research in Forensic PsychologyFrom: "mamta kalra" To: sktdeir1@vsnl.net Cc: librarian@du.ac.in, scjindal@duls.du.ac.in, saleemdul@yahoo.com TANDON SAMPAT KUMAR Dean of Research and International Relations Dept. of Geology, Delhi-110007. Phone: 27667725 Subject-Research in Forensic Psychology:-,introducing it as a profession ,Therapeutic Jurisprudence for the Indian Police Department and Intervention Procedure in the Indian Judiciary for sensitization in judgement/accountability. Sir This is to bring to your notice that I submitted a synopsis with the title:- ¡§An Evaluation of Credibility of Forensic Psychology in Law and Judiciary of India¡¨ in the Psychology Department on Forensic Psychology being a relatively new concept for the department,I could not avail of a guide. I was allowed a presentation on 21-12-2005,wherein I was allowed limited time to present such a new topic.The then HOD-Mrs.P.K.Dhillion,instructed me that I should make a power point presentation of the Topic as well as look for a guide.I went to all the teachers at the University who had Social Psychology as their specialization ,but was refused on one pretext or the other.I approached the present HOD-Madam Ashum Gupta too ; many times to help me at her discretion,but she too did not help me. Please let me bring home to you the fact that my endeavor belongs to the realm of Pure psychology. Forensic Psychology being a retrospective endeavor belongs to the realm of pure Psychology rather than applied/clinical.The implications of Forensic psychology are for the criminals ,who are largely uneducated,and filling answer sheet forms having questions for them,as is done in applied psychology; would be cheating and preposterous to the entire endeavor,as has been brought forth by me to the teachers at the psychology department.Tests like Thematic Apperception test ,where you have to tell a story by seeing a theme picture,or Rorscach Test/ink blot tests are more suitable,which would reflect on the personal characteristics of the accused individually.There is also a very disturbed state which accompanies crime and such measures as routine small questions,of standard questionnaires would hardly assist investigation.However questionnaires can form a part of criminal profiling. Vocational Guidance itself encompasses a large domain of Psychology and introducing a new profession in the realm of psychology itself ,that encompasses Law in its multifarious folds would be an adventitious itinerary. I was also told time and again that my age is not suitable for research. Sir,Mrs.Sonia Gandhi has joined politics after the death of her husband ,Shri Rajiv Gandhi ,after remaining a housewife for so many years,as also away from the hub of political activity of her sasural,as her husband was a pilot.But she is doing good work.My Dissertation ,which I have submitted at the Psychology department with the title:- ¡§Alienation as related to Introversion-Extraversion and Neuroticism in University students¡¨ has an endnote on the work of Shri Rajiv Gandhi ji[copy enclosed],as also it being on the same lines as my present research.Shri A.K.Saxena ji of Gorakhpur University[UGC] had helped me then ,as also I am in touch with him presently.
The contradiction lies in the fact that I have already been assigned Co-Guide ¡VDr.(Ms)Kamla Sankaran,by the Law Department-Authorization letter enclosed. I also approached the students welfare Dean on the same as well as sending E-Mail to him{copy to librarian}
Further I would like to add,that Pre-Ph.D does not make it mandatory in rules ,the pre-requirement of a guide.In the course of my pre-Ph.D classes ,wherein I would introduce the concept of Forensic Psychology to the university-I will get support as well as a guide,is my deep rooted faith,as is inherent to Indian education. Further more my dissertation itself is proof enough of my research competency{scored 85%}.Forensic Psychology is an international endeavor ,not yet introduced in the Indian scenario and thus the need to communicate with you,as well as the resistance I am facing at the psychology department,Delhi University. Copy to Astt.Registrar[Research] Shri Ram Dutt. Thanking You Yours Sincerely, Mamta Kalra 1513,Outram Lane Mukherjee Nagar Delhi-110009 |
I MADE AN APPLICATION FOR RENEWAL OF LICENSE TO DRIVE A CAR IN THE ASHOK VIHAR OFFICE ON 15-6-2007 ,AND PAID RS. 50 FOR THE RENEWAL ON INTER STATE BASIS.
MY PREVIOUS LICENSE HAD BEEN BADLY SABOTAGED WITH KATRA AS MY SURNAME AS WELL AS FILTHY SYMBOLISM .I APPEALED ON THOSE GROUNDS TOO TO THE REGISTERING AUTHORITY.
MY INTER STATE LICENSE WAS NOT RENEWED TILL 30-1-2008 INSPITE OF REPEATED REMINDERS IN WRITING TO THE OFFICE.
INSPITE OF BEING COMPUTERIZED THE STATES ARE NOT CONNECTED ON COMPUTER AS FAR AS VERIFICATIONS ARE CONCERNED AND THOUSANDS OF FAKE LICENSES ARE BEING GIVEN TO TERRORISTS AND PEOPLE CARRYING ILLICIT CARGO.
THEY CAN BE CAUGHT ON RENEWAL AND VERIFICATION BY A NATION WIDE DATA BASE WHICH OUR PRESENT GOVERNMENT IS NOT DOING.
I WAS ULTIMATELY TOLD TO GIVE A RETEST AS VERIFICATION FROM JABALPUR DID NOT ARRIVE OR I WAS TOLD THAT IT WAS NOT THERE .PLEASE CHECK OUT MY CASE TOO IF THERE ARE ANY INTELLIGENCE SLEUTHS READING MY BLOG.
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