ABDUL REHMAN AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Zubaidan @ Nikki, daughter of complainant Ilam Din PW-2, died on 30th August, 1999 at her matrimonial home. She was married with appellant No.1-Abdul Rehman 2/ 21/2 years prior to the date of incident. The cause of her death was consumption of Aluminum Phosphide (a pesticide).

(2.) Complainant Ilam Din PW-2 had made a statement Ex.PD to Darshan Singh ASI, Police Station City Malerkotla on 30th August, 1999, on the basis of which formal FIR No.191 dated 30.08.1999 (Ex.PD/2) was registered at Police Station Malerkotla under Section 304-B IPC. The above said FIR was investigated and a report under Section 173 Cr.P.C. was submitted. Case was committed to the Court of Sessions and was entrusted for trial to the Court of Additional Sessions Judge, Sangrur. On 3rd February, 2000, the appellants were charged for an offence punishable under Section 304-B IPC. The appellants had pleaded not guilty and claimed trial. The Court of Additional Sessions Judge, Sangrur vide impugned judgment dated 10th January, 2001, acquitted the appellants under Section 304-B IPC however, held them guilty for an offence punishable under Section 306 IPC and vide a separate order of even date sentenced them to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.1,000/- each, in default of payment of fine to further undergo rigorous imprisonment for one year.

(3.) Aggrieved against the judgment of conviction and order of sentence, present appeal has been filed.