RAJBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Punjab and Haryana High Court dtd. 29/10/2009 whereby the appeal filed by the appellant was dismissed, confirming the judgment of the Sessions Judge, Bathinda dtd. 8/4/2005 convicting the appellant under Sec. 302 of Indian Penal Code 1860[In short "IPC"] and sentencing him to undergo rigorous imprisonment for life and pay a fine of Rs.1,000.00­, in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) The prosecution story begins with the lodging of the First Information Report by Joginder Singh (PW 1­ husband of the deceased) at Police Station Kotwali, District Bathinda on 18/9/2000 at 7 PM. According to the complainant, his son Gursharan Singh in the morning at around 07.45 am brought 1 kg of milk from the house of Rajbir Singh (appellant) who used to reside in the neighbourhood and was carrying on business of dairy farm and selling milk with the help of his wife Sheela. The appellant was known to the complainant being resident of the neighbourhood. To help the appellant purchase buffaloes and for domestic needs, he had borrowed Rs.1.00 lakh from the informant about 7/8 months before. He had also executed a pronote in that respect. The milk as brought by Gursharan Singh (PW­2) was kept in the refrigerator. At about 12.30 PM his wife Kuldeep Kaur @ Bhajno felt hungry and as she was resting due to some uneasiness, the informant himself took out some milk from the jug kept in the refrigerator and after boiling the same gave it to her. After sipping the milk once, she remarked that the milk was bitter in taste and after sipping further, she further remarked that there was some defect with the milk. Then he also smelled the milk lying in the jug from which a pungent smell was coming. In the meantime, his wife felt irritation on her lips and also became restless. He called his son Gursharan Singh(PW2), who took his mother on his scooter to the Children and General Hospital. He also followed. As the condition of his wife had deteriorated, she was referred to the Civil Hospital, Bathinda where she breathed her last after some time. He further stated in his complaint that he was of the firm belief that Rajbir Singh and his wife Sheela had mixed some poisonous substance in the milk in order to eliminate his family. His wife died because of the poisonous milk. He and his wife were demanding their money from Rajbir Singh but he was making excuses and on account of this grudge he poisoned the milk and hence a report be registered and appropriate action be taken.

(3.) Dr. K.S. Brar (PW­12), Emergency Medical Officer at Children and General Hospital after examining Kuldeep Kaur referred her to the Civil Hospital considering her serious condition, and also sent information to the police. SI Balwant Singh (PW­7) who was in­charge of the Canal Colony Police Post, Bathinda, left for the Children and General Hospital and from there proceeded to the Civil Hospital where the doctor informed him about the death of Kuldeep Kaur. He met Joginder Singh (PW1) at the Hospital, he gave his statement which was recorded and which after being read over was signed by Joginder Singh (PW­1). SI Balwant Singh (PW­7) made an endorsement on the same (Ex­PA/1) for registering the case. On its basis formal FIR (ExPA/2) was registered.