HARI SHANKER GAUR Vs. THE STATE

JUDGEMENT

(1.) This petition is directed against an order dated 6.3. 1981 of Shri O.P. Divedi, Additional Sessions Judge, Shahdara, whereby Charge under Sec. 302 Indian Penal Code . was framed against Hari Shankar Gaur, petitioner. It was observed that there was sufficient ground for proceeding against him as the material on record, prima facie, indicated his complicity in the alleged offence, and there was no sufficient ground to discharge him at that stage.

(2.) According to the petitioner, he and Abha were married on 10.5.1978, and a daughter was born out of the wedlock in March 1979, On the morning of 2.10.79, Abha along with her daughter was inside a room with its door bolted from inside. The baby, however, was crying, and as the knocking at the door did not invite any response from Abha, it was pushed open resulting in the belt dislodging. Abha was then found lying unconscious. A doctor was called and she was taken to J. P. Hospital where she was declared dead.

(3.) Her post -mortem conducted on the next day as also the examination of her viscera by the Chemical Examiner, revealed that the death was due to the existence of Malathion poison in her liver, spleen and kidney.