SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7-11-1988 of Shri Hari Ram, Sessions Judge, Jind convicting the appellant under section 302 of the Indian Penal Code for committing the murder of his wife Birmati and order dated 10-11-1988 sentencing the appellant to imprisonment for life.

(2.) THE judgment would also dispose of Criminal Revision No. 1291 of 1988 filed by Chander Bhan brother of the deceased for awarding capital punishment the appellant and also for payment of compensation to the petitioner by imposing fine on the appellant.

(3.) THE trial Court charged the appellant under Section 302 of the Indian Penal Code but the appellant pleaded not guilty and claimed trial. In order to substantiate the charge against the appellant the prosecution examined 12 witnesses besides tendering in evidence the affidavits of formal witnesses. On the completion of the prosecution evidence, the statement of the appellant was recorded under Section 313 of the Code of Criminal Procedure. The appellant admitted his marriage with the deceased but denied the other prosecution allegations. He pleaded that Birmati had taken share of agricultural land belonging to her father and, therefore, she did not have good relations with her brothers. According to the appellant, there were also domestic quarrels between Birmati and her brothers, and, therefore, she was either murdered by her family-members on account of family quarrels relating to agricultural land or that she committed suicide. He added that the deceased had suffered abortions twice earlier and she left his house four months prior to this occurrence and at that time, she was having three months' pregnancy. In his defence, he examined Dr. V.S. Dhaka, Medical Superintendent General Hospital, Kaithal, as DW. This witness deposed, inter alia, that if a tablet of aluminum phosphide is kept in open, its gas disappears leaving behind ash. The taste of the tablet is bitter and its smell is pungent and further that if one tablet of this poison is consumed and completely absorbed in the stomach, then it results in 100% death and further that consumption of two tablets has instantaneous effect but the death is caused usually within about 24 hours or so.