AMARJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - On the basis of the FIR registered at the instance of the servant, the present petitioner along with two sisters were arrested on being suspected of having committed an offence under Sections 302, 307 and 308 of the Indian Penal Code. The petitioner and other two sisters namely Balwinder Kaur and Hardeep Kaur are all married and settled at their in laws places. In the FIR, it is stated that at about 9.00 p.m. the servant Mohinder Lal went to the house of the deceased. The deceased was having some tablets in his hand. He was distributing the same to the members of his family. He told the family members to take the tablets with milk. The servant had also asked for the tablet but he was not given the same. Thereafter, the servant said to have gone to sleep. He was woken up by some persons and told that the entire family of the Sarpanch (deceased) has become unconscious. These persons were got admitted in the Civil Hospital. All the persons who had taken the tablets had died.

(2.) A reading of the FIR shows that the Sarpanch had voluntarily taken the tablets himself and distributed the same to his family members.

(3.) Mr. Mann has brought to the notice of this Court that although the offence was registered under Section 302 IPC yet it has not been converted to Section 306 IPC. Apart from this, there is no allegation whatsoever in the FIR as to the reason why the deceased distributed medicines.