KULWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners-Kulwinder Singh and Kewal Singh have filed this petition under Section 439 of the Code of Criminal Procedure, 1973 praying for grant of bail in case bearing First Information Report No. 120 dated 2.8.2001 under Sections 307, 328, 120-B of the Indian Penal Code registered at Police Station Baghapurana District Moga.

(2.) The present case was registered on the statement of Balwinder Singh, resident of Shekhan Khurd. His son Jagdev Singh is a member of Panchayat, Mangal Parshad Yadav alias Raju was working with them as a domestic servant. Earlier the said Raju was working with Kaur Singh on contract basis who has visiting terms with the complainant. For some days, his servant and daily wagers were spraying insecticide monocil in the fields. On 31.7.2001 around 12.00 noon, his servant and daily wagers came back home to take rest and the trolly which had contained the sprayer and insecticides was parked in front of cattle shed. At about 2.00 p.m. complainant and Gurbachan Singh were sitting in the baithak and talking. When the complainant went to the room to get drinking water from the refrigerator he saw that his servant Raju was pouring something in the dollu from the lid of the dollu Complainant called Gurbachan Singh there. Both of them smelt the lid of dollu. It was giving smell of in secticide and this lid was of the same dolly that was placed in the fridge. On being questioned Raju got perplexed and stated that he had done so at the instance of Kinda petitioner No. 1 who had promised to pay Rs. 10,000/- to him for mixing insecticide in the milk. Kewal Singh, petitioner No. 2 had told Raju to mix insecticide in the milk and make their entire family drink it and he would give him Rs. 2,000/- for it. Raju and Kinda had acted in conspiracy to give the poisoned milk to the family.

(3.) After investigation challan has been filed and the petitioners accused have been charged under Section 307 of the Indian Penal code.