PRITAM SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE present criminal appeal has arisen out of the judgment dated December 4, 1989 passed by the learned Additional Sessions Judge, Ludhiana whereby all the appellants, namely, Pritam Singh, Charanjit Singh, Bhagwan Kaur, Amarjit Kaur and Gurdip Kaur have been convicted under Section 306 of the Indian Penal Code, 1860 (for short, 'the Code') and sentenced to undergo rigorous imprisonment for ten years each and also a fine of Rs. 5,000/- each has been imposed. In default of the payment of fine, the appellants have been ordered to further undergo rigorous imprisonment for a period of one year each.

(2.) ALL the present appellants were tried initially under Section 302 read with Section 149 of the Code for murdering Ranjit Kaur daughter of Naginder Singh who was married to accused Pritam Singh (appellant No. 1). As per the prosecution, the marriage between the aforesaid Ranjit Kaur with Pritam Singh had taken place on November 6, 1980. The case of the prosecution is that about two years prior to the aforesaid death, Ranjit Kaur had given birth to a daughter. On September 19, 1988 at about 10.55 a.m., she died as a result of poisoning. Her parents were informed by the police and on the basis of statement of her father, namely, Naginder Singh the case under Section 302 of the Code was registered on September 20, 1988.

(3.) THE prosecution led evidence. Dr. Harjit Singh who was posted in Emergency Department in DMC Hospital, Ludhiana produced the casualty record Ex.PE of the deceased. According to the aforesaid document, the history was narrated by Pritam Singh husband of the deceased and he stated before the Doctor that the deceased had consumed tablets of aluminium phosphide around 8.30 a.m. at village Dhaipai. Dr. Amrik Singh, Senior Medical Officer, Civil Hospital, Ludhiana conducted post mortem examination on the dead body of Ranjit Kaur. He also sent stomach and its contents and sample of blood for chemical examination. The report of the Chemical Examiner showed that the contents on examination were found to contain aluminium phosphide.