MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Malkiat Singh, the appellant has brought this appeal against the judgment dated 10.7.2001 of his conviction for an offence punishable under section 306 IPC and the order on sentence of the same date vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5,000/- with further rigorous imprisonment for a period of one year in default of payment of the fine. The case registered against the appellant at Police Station, Laddar, District Ludhiana, vide FIR No.142 dated 4.5.1998, is as under:

(2.) After conducting the inquest proceedings at Dayanand Medical College, Ludhiana, Jaswant Singh, ASI got post-mortem examination conducted on the dead body of Harjit Kaur at Civil Hospital, Ludhiana, where he had sent the same through constable Devinder Singh. Dr. V.K.Gagneja conducted the post-mortem examination on the dead body of Harjit Kaur. He preserved the viscera and the same was got examined from Chemical Examiner, Punjab, Patiala, who had reported detection of aluminum phosphide in the stomach, its contents as well as large and small intestines. He also noticed phospine gas in liver, spleen, kidney and blood. The death was opined as a result of consumption of aluminum phosphide poison. The accused was arrested on 5.5.1998 by Jaswinder Singh, SI. The necessary investigation in the matter was conducted by him and on completion of the investigation, challan was prepared

(3.) Charge for an offence punishable under section 306 IPC was framed against the accused vide orders dated 13.10.1998 to which the accused pleaded not guilty and claimed trial.