STATE OF HARYANA Vs. SURJIT KAUR

JUDGEMENT

(1.) THE State of Haryana has filed this appeal against the order of acquittal of the respondents recorded by the Additional Sessions Judge, Sirsa on 2.12.1982. The prosecution story runs as under :-

(2.) THE deceased Baljit Kaur had been married to Kashmir Singh son of accused Surjit Kaur. On May 30, 1982 Baljit Kaur was in a state of distress when her brother Randhir Singh PW who resides in the Dera of Jiwan Nagar went to see her early in morning at about 9 a.m. and on inquiry the deceased told him that mother-in-law i.e. accused Surjit Kaur had administered something to her in milk in the presence of her husband (accused Kashmir Singh). Randhir Singh sent his brother Kala Singh to call a doctor and one Balbir Singh an R.M.P. was brought in who took out some fluid from the stomach of Baljit Kaur with the help of tube and also tried to make her vomit which was collected in a kauli. The life of Baljit Kaur could not be saved and she died after about an hour thereof. The matter was reported to the police by Randhir Singh who met the police officer at the bus stand, Damdama. The police officer visited the spot, took the vomitted contents from the kauli into possession after transferring the same into a bottle. The kauli was also sealed and taken into possession. He then prepared the inquest report and sent the dead_body for post-mortem examination. The doctor conducting the post mortem examination could not give the probable cause of death of Baljit Kaur, however, he sent the viserca to the Chemical Examiner for examination and report wherefrom it was revealed that there was no poison in the viscera, although there were glass-pieces therein. The result of the vomitted contents, however indicated the presence of phosphonidon (pesticide).

(3.) THE accused in their statements under Section 313 of the Code of Criminal Procedure denied the facts asserted by the prosecution. Their contention is that there was great love between Kashmir Singh and the deceased and that they had gone out on the fateful day. They came back at about 10.00 a.m. and found Baljit Kaur in precarious condition. They sent for the parents of the deceased and the villagers. Doctor was also called by Kashmir Singh accused but Baljit Kaur could not survive. The complainant party wanted the accused to give huge amount which they were unable to pay and were consequently got implicated in this case. They did not lead any defence.