BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) One may ask the question whether murder by poisoning is not run like any other murder The learned counsel for the appellant purports to state that it is not. He relies upon the judicial prescriptions as to the burden of proof in "poison-murder" cases. He contends that the prosecution must prove "that the accused had the poison in his possession." He asserts that failure to establish that factor should entail the acquittal of the accused. This is a vital question which goes far beyond the case and it, therefore, requires careful consideration.

(2.) Bhupinder Singh appellant was prosecuted for the murder of his wife by poisoning. He was sentenced for life imprisonment by the Additional Sessions Judge, Faridkot in Session Case No. 86 of 1983. His conviction and sentence have been affirmed by the Punjab and Haryana High Court in Criminal Appeal No. 82-DB of 1984. He has preferred this appeal by special leave challenging the conviction and sentence.

(3.) We may first advert to the prosecution case. It reveals a sad story. It runs like this:Gian Kaur, the victim in this case is the only daughter of Baltej Singh. Baltej Singh like many other parents thought that his problems would be solved by the marriage of his daughter. He got her married to Bhupinder Singh by spending all his savings. His relatives also contributed for the marriage. But ill-luck would have it, his problems started immediately after the marriage. Bhupinder Singh and his parents wanted Gian Kaur to bring Rs. 10,000/- from her father. It was nothing but a demand for dowry. They stepped up their demand with harassment to Gian Kaur. Gian Kaur informed her father. The father could not arrange that much of amount. He had already spent all that he had in connection with her marriage. He had also then given presents in cash and kind to Bhupinder Singh. So he felt helpless. Unmerciful, Bhupinder Singh asked his wife to go back to her parents house. So she left to seek shelter with her parents. She remained with them for about eight months. But how long the father could keep his married daughter away from her husband. Some parents think that it is a reflection upon them. Baltej Singh also must have thought like that. He somehow arranged Rs. 6,000/- and sent Gian Kaur to her husband's house. Gian Kaur rejoined her husband upon making the payment of Rs. 6,000/-. That appears to have satisfied Bhupinder Singh for about one year. In the meantime, Gian Kaur had a male child. Naturally there was jubilation for Baltej Singh. He performed the customary Chuchhak ceremony and again gave Rs. 4,000/- and a buffalo as presents to Bhupinder Singh. Bhupinder Singh ought to have been happy and satisfied. But he was not. It was alleged by the prosecution that this time he demanded a motorcycle. Baltej Singh could not give it. Gian Kaur, as usual, was again the target. It was further alleged by the prosecution that Bhupinder Singh threatened to kill his wife if motorcycle was not given to him. Gian Kaur had kept her father informed about the said demand and the threat.