BHUPINDER SINGH & ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment, I am disposing of three cases i.e. Criminal Appeal No.522 -SB of 2001 preferred by convicts Bhupinder Singh and Sandeep Singh assailing their conviction and sentence recorded by learned Additional Sessions Judge, Nawansahar vide judgment and order dated 16.04.2001 and Criminal Revisions No.1354 of 2001 and 1915 of 2001 both preferred by complainant Ram Lok arising out of the same judgment and order of the trial Court. Appellants Bhupinder Singh and Sandeep Singh stand convicted under Section 306 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,000/ -each and in default thereof, to undergo further rigorous imprisonment for one year. In Criminal Revision No.1354 of 2001, the complainant has sought conviction of the said convicts under Section 302 read with Section 120B IPC, whereas in Criminal Revision No.1915 of 2001, the complainant has sought conviction of accused Gurbachan Singh and Satnam Kaur @ Satwinder Kaur for offence under Section 302 read with Section 120B IPC, whereas the trial Court has acquitted the said two accused.

(2.) PROSECUTION case is that Bhupinder Singh accused is husband of Bimla Devi, since deceased. Their marriage took place about 9 years before the occurrence. Sandeep Singh is brother of Bhupinder Singh. Satnam Kaur accused is their sister whereas Gurbachan Singh accused is their uncle. Bhupinder Singh had illicit relations with some other woman and therefore, he used to maltreat the deceased as told by her to her father Ram Lok -complainant. Panchayats were convened in the matter but proved futile. The deceased filed criminal complaint dated 07.11.1994 against Bhupinder Singh and Sandeep Singh convicts and their mother Shankro for offences under Sections 406 and 498A read with Section 34 IPC. During pendency of the said criminal complaint, Bhupinder Singh admitted his fault and agreed to rehabilitate Bimla Devi in the matrimonial home. Accordingly, the complainant left Bimla Devi in the matrimonial home. About three and half months before the occurrence, Bimla Devi gave birth to a daughter. On 02.12.1998, the complainant visited Bimla Devi in her matrimonial home. She told him that she was being maltreated by the accused persons. On 06.12.1998, complainant's nephew Kishan Lal told the complainant that Bhupinder Singh, Sandeep Singh and Satnam Kaur had taken Bimla Devi to hospital. Complainant along with Kishan Lal went to the hospital and found that Bimla Devi had died due to administration of some poisonous substance. Bhupinder Singh, Sandeep Singh and Satnam Kaur left the dead body in hospital and went away. The complainant firmly believed that all the four accused administered some poisonous substance to the deceased. On statement of complainant to the aforesaid effect, FIR was registered and investigated. Inquest report of the dead body was prepared. Post -mortem examination was got conducted. On chemical examination, viscera was found to contain poisonous substance. Stomach and its contents and piece of small and large intestines with contents were found to contain aluminium phosphide which is a pesticide. In pieces of liver, spleen and kidney and in sample of blood, phosphine, a constituent of aluminum phosphide, was detected. Death was thus caused by poison. Statements of witnesses were recorded during investigation. Baldev Singh PW stated that he had gone to the house of the accused on 05.12.1998. Accused Sandeep Singh had caught hold of Bimla Devi; accused Bhupinder Singh was holding a tablet in his hand; Satnam Kaur accused was holding a glass of water; Gurbachan Singh accused said that Bimla Devi was unwell and therefore, tablet be given to her. Thereupon the aforesaid tablet was administered to her by the accused. On coming to know of the death of Bimla Devi on the next day, the witness realized that the tablet administered to her by the accused was some poisonous substance. During investigation, statement of Sohan Lal was also recorded. He stated about extra judicial confession made to him by all the four accused regarding the occurrence in the same manner as stated by Baldev Singh. The accused also disclosed to Sohan Lal that they have killed Bimla Devi because Bhupinder Singh wanted to marry one Kulwinder Kaur. Accused Bhupinder Singh and Sandeep Singh were arrested on 13.12.1998. On completion of investigation, police presented report under Section 173 of the Code of Criminal Procedure (in short, the 'Cr.P.C.') for prosecution of accused Bhupinder Singh and Sandeep Singh only under Sections 302 and 120B read with Section 34 IPC, holding the remaining two accused Gurbachan Singh and Satnam Kaur to be innocent and mentioning their names in column No.2 of the report. However, Gurbachan Singh and Satnam Kaur were also summoned as additional accused by the trial Court on prosecution application filed under Section 319 Cr. P.C.

(3.) PROSECUTION in support of its case examined eleven witnesses. Jaswant Singh Draughtsman PW -1 stated that he prepared scaled site plan of the place of occurrence.