Law: Criminal Procedure Code (V of 1898)

Section: 498

  Criminal Procedure Code (V of 1898) S. 498-Bail Murder case-Informant after over 1 years, disclosing deceased as having been administered some drug by accused shortly after which deceased died after exhibiting symptoms of illness-Pro secution, failing to establish nature of drug as also to connect alleged drug with arsenic found in soil taken from deceased's grave-No other evidence on record to suggest that arsenic detected in soil could not be from any other source except soft tissues of deceased's body-Chemical reports obtained on two occasions from different Analysts also inconsistent-Whether death was natural or homicidal riot ascertainable in circumstances-Accused admitted to bail. Date of hearing : 12th October 1970.   ORDER Applicant Dr. Sarwar H. Rehman has applied to this Court for bail. He is involved in the murder case of his own wife, Mst. Salma whom he had married in 1966. They have one daughter." It is said tat their relations had become strained because the applicant wanted to marry another woman. Mst. Salma on the evening of 27th August 1968 went to visit her father with her daughter and returned home late in the evening. It is alleged that the husband and the wife quarrelled and the appli cant maltreated her. The applicant left his house at 8 o'clock on 28th August 1968 to attend to his work but returned at 11 a.m. He then called his servant Nurus Salam anti asked him to prepare coffee. Soon after, he brought it along with two cups. The applicant filled one cup with coffee and then asked Nurus Salam to fetch his bag from the car, which he did. He took out white powder from the bag and added it in the cup filled with coffee and he then gave it to Mst. Salma, who drank it. The applicant then, left his house. After half an, hour Nurus Salam noticed that Mst. Salma felt unwell. She started vomiting and going to the bath room at short intervals. He then contacted the applicant when her condition worsened on telephone but the applicant advised him that she would soon get better. The applicant, however, came at about 1 p.m. when. Mst. Salma had lost consciousness. She died an hour latter. It appears that Nurus Salam did…