SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred by Surjit Singh, Appellant -accused against the judgment dated 25.3.2002 passed by Sessions Judge, Faridkot, vide which he was convicted for the offence under Section 302 IPC and was sentence to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/ -and in default thereof to further undergo rigorous imprisonment for a period of one year.

(2.) THE prosecution story, in brief, is that Reeta Rani, deceased, was married to Surjit Singh, accused, and from that wedlock one son and daughter were born, who at the time of occurrence were six years and four years old. There used to remain constant dispute between the deceased and the accused since the day of their marriage. He used to abuse her without any cause and when she had been paying him in the same coin, he used to beat her. On 6.7.1999, he came back to the house at about 5/5.15 p.m. and drank the water. She also demanded water from him and the same was accordingly given to her. After she consumed that water, she developed headache and started vomiting. It was only thereafter, that she realised that the accused had given something to her after mixing the same with water. On account of weakness, she laid on the cot and asked the accused to get treatment for her. He did not care and remarked that he had already done what he wanted to do and that in case she was to die then she should die. On 7.7.1999, her mother Kaushalya Devi, PW -7, came to her house by chance to enquire about her health and she disclosed all those facts to her. It was only thereafter, that she was removed to Dr. Pirthipal Memorial Hospital, Kotkapura. On 8.7.1999, she was removed to Civil Hospital, Kotkapura, Dr. B.K. Kapoor, PW -1, found that it was a case of suspected poisoning and the condition of the deceased was very serious. Accordingly, he referred her to GGS Medical College, Faridkot, and sent written information, Ex. PA, to the police station. On the receipt of that information, Surjit Singh ASI, PW -10, went to the GGS Medical College, Faridkot, and made application, Ex. PM, to the doctor for enquiring about the fitness of the deceased to make her statement. She was declared fit to make her statement by the doctor, vide his endorsement Ex. PM/1. Thereafter, the ASI recorded her statement, Ex. PI, in which she disclosed all the above stated facts. The ASI after making his endorsement upon that statement, sent the same to the police station and on the basis thereof, FIR Ex. PQ, was recorded under Section 307 IPC, against the accused. He recorded the statements of the witnesses under Section 161 Code of Criminal Procedure. The deceased died at 6.50 p.m. and written information, Ex. PN, to that effect was sent to the police station. The ASI was still in the hospital when that information was conveyed to him. He sent his ruqa, Ex. PK, to the police station and on the basis thereof, a report was recorded in the DDR at Sr. No. 29 and the offence was converted from 307 IPC to 302 IPC. Jagjit Singh, Inspector SHO,PW -4, came to the Medical College and took investigation from ASI. He prepared the inquest report, Ex. PO, in respect of the dead body of the deceased and sent the same for post mortem examination. The autopsy on the dead body was performed by Dr. K.K. Aggarwal, PW -8, who deferred the opinion regarding the cause of death till the receipt of the report of the Chemical Examiner, to whom the viscera of the dead body was sent. After the post mortem examination, the wearing apparels found on the dead body were produced before the SHO, who converted those into a parcel and sealed the same with his seal "JSB" and on coming back to the police station deposited the same with the MHC. The Chemical Examiner, after examination, detected aluminium phosphate pesticide in the viscera of the deceased and gave his report Ex. PH, to that effect. After the receipt of that report, it was opined by Dr. K.K. Aggarwal, vide his report, Ex. PH/1, that the cause of death of the deceased was aluminium phosphate pesticide poison, which was ante mortem and was sufficient to cause death in the ordinary course of nature. On 11.7.1999, the SHO went to the place of occurrence and after inspecting the same, prepared the rough site plan, Ex. PAA, with correct marginal notes. The map on scale, Ex, PE, of the place of occurrence was got prepared from Gurdial Singh Kataria, Draftsman, PW -5. In the course of investigation, the accused was arrested and after completion thereof, challan was put in before the Chief Judicial Magistrate, who committed the same to the Court of Session on the ground that offence under Section 302 IPC was exclusively triable by the Court of Session.

(3.) TO prove the guilt of the accused, prosecution examined Dr. B.K. Kapoor,PW -1, Raj Rani, PW -2, Hardev Singh, constable, PW -3, Jagjit Singh, constable, PW -4, Gurdial Singh Kataria, Deaftsman, PW -5, Jagdish Kumar, PW -6, Kaushalya Rani, PW -7, Dr. K.K.,Aggarwal, PW -8, Harinder Singh, ASI, PW -9, Surjit Singh, ASI, PW -10, Amarjit Singh, HC, PW -11, Gurdarshan Singh, PW -12, Dr. Manvir Gupta, PW -13 and Jagjit Singh, Inspector, PW -14.