The Madhya Pradesh High Court on Tuesday upheld the conviction of a Chemistry teacher who was sentenced to life imprisonment in 2022 for murdering her husband by electrocution [Mamta Pathak v. The State of Madhya Pradesh].
The Division Bench of Justices Vivek Agarwal and Devnarayan Mishra found that the accused Mamta Pathak was not on good terms with her husband Dr Neeraj Pathak, and tortured him to death by first giving him an antipsychotic drug followed by an electric shock.
Since all the circumstances in the chain are complete, her guilt is proved beyond all reasonable doubt, the Court ruled. It thus asked her to immediately surrender before the trial court.
“The temporary suspension granted by a Coordinate Bench of this Court vide order dated 13.3.2024 shall stand cancelled. The appellant Smt. Mamta Pathak shall immediately surrender before the Trial Court for undergoing the remaining part of the sentence,” the Court directed.
Pathak was a Chemistry lecturer at a government college. Her husband, Dr Neeraj, had been the Chief Medical Officer at a district hospital. She herself had informed the police about his death in 2021. Later, she was found to have committed the murder.
Before the High Court, she had appeared in person to argue her appeal against the conviction. A video showing her making submissions on scientific evidence during one such hearing had gone viral on social media. She had particularly questioned the post-mortem report.
On analysis of the evidence, the High Court said that her arguments about the closed mouth of the dead body, non-conduct of chemical examination, absence of electron microscopy to find out deposition of metal onto the skin/tissue and the house being wholly insulated, do not support her case.
It also rejected her submission that Dr Neeraj's death was caused by the cardio-vascular disease he was suffering from. Further, it refused to accept her claim that she was falsely implicated by her husband’s relatives who wanted to grab his property. In this regard, the Court pointed out that their sons are Class-I heirs to his property.
On motive, the Court said that Pathak was suspected of infidelity and had earlier subjected Dr Neeraj to cruelty. On her submission that she was the best mother, the Court said a woman may be a “doting mother” but also a “suspecting wife” at the same time.
“The photograph showing that the appellant is feeding Dr. Neeraj Pathak or showing her in the company of Dr. Neeraj Pathak and in the company of her children clearly reveals that none of them are of the recent past. Secondly, immediate past and conduct are required to be examined rather than remote incidence to deduce the motive. When tested in the light of recent events then the motive is writ large from the evidence of Dhaniram Ahirwar (PW.2), who has though admitted that 10 months prior, they were living separately but why they were living separately is not explained,” it added.
Senior Advocate Surendra Singh with Advocate Kapil Pathak represented Mamta Pathak, who also made arguments in person.
Government Advocate Manas Verma represented the State.
[Read Judgment]