HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jasbir Kaur, a young woman, in her prime age 22-23 years, died on 26-7-1988. She died of poisoning. The poison is said to be aluminum phosphide which is a common pesticide. She was married with the respondent on 5-10-1986 in a villae known as Maur Khurd. Her matrimonial home was at Bhatinda, which is at a distance of 40 K. M. from Maur Khurd. She delivered a male child at her parents house i.e. at Maur Khurd on 23-4-1988. The child, however, died on 25-4-1988. The mother of the deceased P. W.3 (Mukhtiar Kaur) disclosed the said fact to her after about 20 days. The deceased came back to her matrimonial home soon thereafter. A day prior to the date of occurrence i.e. on 25-7-1988, her father Gurlal Singh (P. W. 2) came to see her at Bhatinda and found her to be hale and hearty. He received the information of her death on 26-7-1988 at about 1.00 PM at Maur Khurd. He took a bus and reached Bhatinda at about 2.00 PM. He allegedly found the appellant, his mother and brother sitting there. They allegedly slipped away from the house one by one. He sent for his other relatives and after they came he left the house for going to the Police Station. He on his way met the Inspector of Police at the bus stand at about 11.00 P.M. His statement was recorded at the bus station.

(2.) The mother of the appellant at the relevant time was said to be residing with her husband at Ferozepur which is situated at a distance of 132 Km.

(3.) The defence of accused was that they were not present at the time of death of the deceased. According to the appellant, he was at his work place till 12.30 PM while according to his brother Jaspal Singh, he at the relevant time was at Ludhiana undergoing training. The defence of mother Mohinder Kaur was that she at the relevant time had been at Ferozepur.