HC rejects bail plea of wife accused of poisoning husband with arsenic
MUMBAI: The sessions court last week rejected the bail application of Kavita Shah, 46, implicated in the murder of her husband, Santacruz-based garment trader Kamlakant Shah. The prosecution alleges that Kavita, along with her lover Hitesh Jain, plotted the murder by poisoning Shah’s food.
According to the police, the two accused supposedly maintained a decade-long relationship and wanted to get married. They planned the murder following the death of Shah’s mother in June 2022.
The police asserted that arsenic was added multiple times to Shah’s meals, due to which his health deteriorated. Shah was initially admitted to Criticare Hospital in Andheri and later moved to Bombay Hospital, where he died on September 19, 2022.
In her bail plea, Kavita stated that she was falsely implicated in the case and that there was not only a delay in lodging the complaint but also no evidence to show that she had committed the offence.
Kavita’s defense contended that the absence of traces of arsenic and thallium in both the dental implant and swab samples from his palms and soles casts doubt on the allegations made against her.
The prosecution opposed the bail plea because the offence was committed with a pre-planned arrangement and further alleged that the relation between the wife and the deceased husband was not cordial.
“Initially she was cooking food for herself and her daughter. Thereafter, she suddenly started cooking food for all their family and also started serving food to Shah. She instructed the cooks that she would serve the food. When she was in the kitchen, she diverted the servants to other work.” The prosecution added that he had a heavy percentage of these poisonous substances in his body.
The court took into consideration that there was material against the accused and further detailed how the accused was reluctant to her late husband’s treatment and avoided carrying out his blood tests for heavy metal substances.
The court observed that the same symptoms which were present before the death of the deceased, were also found in the deceased Sarladevi Shah, his mother.
“There is substance in the prosecution case that there was use of arsenic and thallium. There is material on record to show that the death is due to heavy metal substance (arsenic and thallium) found in the body,” said additional sessions judge Rajesh A Sasne while rejecting her bail.
“There is material on record to show that there is a connection between the applicant and co-accused to procure this chemical for the use of the offence,” the court observed, adding that the material on record proved that there was a motive behind the crime and that the applicant played a vital role in the commission of the offence.