JOGINDER KAUR @ GUDDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal arises out of the following facts:

(2.) PW-l Virsa Masih, resident of Mohan Basti Khem Karan and his wife Binder bore three daughters. As they had no son they started visiting Joginder Kaur, accused, a follower of the Dera Baba Wadhag Singh who advised the couple to visit the dera so that they could be blessed with a son, Virsa Masih and Binder thereafter visited the dera and ultimately a son named Sewak (deceased) was born and at the time of the occurrence was 1 year and 2 months in age. About 3 months earlier, Joginder Kaur had demanded a payment of Rs. 500/- from the couple for being instrumental in the birth of the boy but Virsa, Masih stated that as the child had been born with the blessings of Dera Baba Wadhag Singh she was not entitled to any payment Joginder Kaur was enraged over this matter. At about 3.00 P.M. on October 29, 1996 PW-3 Gug was playing with her brother. Sewak outside their house when Joginder Kaur came there and asked Gug to bring a glass of water. Joginder Kaur then stirred something to it and gave the same to Sewak to drink On drinking the water, he started vomiting Gug raised an alarm shouting out that Joginder Kaur had administered some poisonous substance to her brother. Virsa Masih and his wife rushed Sewak towards the hospital but he died on the way. Virsa Masih thereafter proceeded towards the police Station and made a statement (Exh. PA) to PW-5 Sub Inspector Anokh Singh, who made his endorsement (Exh. PA/1) and dispatched the same to Police Station Khemkaran where a daily dairy report was entered SI. Anokh Singh also prepared the inquest report and sent the dead body for its post-mortem examination. He also lifted/vomited material from the spot. The post-mortem was held on the dead body and as the cause of death could not be immediately ascertained, the viscera and vomited material was dispatched for analysis to the Chemical Examiner who in its reports opined that aluminium phosphide had been defected in the two items. A formal F.I.R. was the registered against accused Joginder Kaur had she was arrested on November 5, 1996 and on her disclosure statement, a phial of aluminium phosphide tablets was recovered from her residence. On the completion of the investigation she was charged for an offence punishable under section 302 of the Indian Penal Code and as she pleaded not guilt was brought to trial.

(3.) In support of its case, the prosecution examined inter alia PW-l Virsa Masih, the father of the deceased, PW-2 Dr. Jaswant Singh Medical Officer of Civil Hospital, Patti who had conducted the post-mortem examination on the dead body, PW-3 Gug, aged seven years, the sister of the deceased, PW-4 Paramjit Singh, before whom the accused had made an extrajudicial confession, and PW-5 SI Anokh Singh the Investigating Officer. The reports of the Chemical Examiner showing that aluminium phosphide had been detected in the viscera as also in the vomit, was also tendered into the evidence.