JAGBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kiranjit Kaur, deceased, is the daughter of Gurmit Kaur (P.W. 7). She was married to Ram Singh accused about three years prior to her death. Jagir Singh and Gurnam Kaur accused are her father-in-law and mother-in-law. The parents of Kiranjit Kaur accused had given sufficient dowry according to their status on the occasion of her marriage. Her parents-in-law and husband being not satisfied with the dowry started harassing her for having brought less dowry and insisted that she should fetch more dowry from her parents. About one month prior to the occurrence, her brother Paramjit Singh (P.W. 8) along with Bhag Singh and Dalip Singh paid Rs. 8,000.00 to her father-in-law. However, the greedy parents-in-law, were still demanding more dowry.

(2.) On 19/3/1987, Mst. Gurmit Kaur along with her son Paramjit Singh (P.W. 8) went from their village Barundi to village Dugri to meet Kiranjit Kaur. They found Kiranjit Kaur under some depression. Gurnam Kaur then brought a glass of water and three tablets from inside the house and asked her son Ram Singh to administer the said medicine to Kiranjit Kaur. On the query of these witnesses as to why this medicine was being given to Mst. Kiranjit Kaur, Gurnam Kaur accused replied that it was meant for headache. The deceased, however, represented that she was not having any trouble and refused to take any medicine, but Gumam Kaur secured her from her arms, while Jagir Singh caught her from head and Ram Singh accused put the tablets and water in her mouth. After sometime, the deceased felt uneasy and sensation of vomiting. Ram Singh and Jagir Singh then took her to Guru Teg Bahadur Hospital, Ludhiana, for treatment. Kiranjit Kaur was then vomiting. Mst. Gurmit Kaur (P.W. 7), mother of the deceased; over-heard the deceased in the Guru Teg Bahadur Hospital, Ludhiana, that she will be injected some poison in case she made any statement Dr. Harjinder Singh (P.W. 2) started treating her at 2 p.m., but she was discharged on the insistence of Ram Singh accused at 5 p.m. on 19/3/1987. She was then got admitted in Daya Nand Medical Hospital, Ludhiana, where Dr. Updesh Singh Sidhu (P.W. 4) removed Kiranjit Kaur to the Intensive Care Unit at 9 p.m. Meanwhile, Mst. Gurmit Kaur (P.W. 7) deputed her son Paramjit Singh to inform her other relations. Accordingly, Bhag Singh, Member Panchayat of village Barundi (P.W. 9) arrived there. Smt. Gurmit Kaur and aforesaid Bhag Singh then went inside the hospital, where Kiranjit Kaur was admitted. Kiranjit Kaur apprised them of the accused having given her some poison. Dr. Updesh Singh Sidhu also took samples of gastric aspirate of Kiranjit Kaur and despatched the same to the Chemical Examiner in a sealed phial. Dr. H.S. Paruthi of Daya Nand Medical Hospital also sent intimation Exhibit PD to the police of Police Station Sarabha Nagar regarding the admission of Kiranjit Kaur in the hospital. On receipt of this intimation, A.S.I. Gurdev Singh rushed to the hospital and vide request, Exhibit PC verified the fitness of the patient to make the statement, but Dr. Updesh Singh Sidhu declared the injured unfit to do so vide endorsement Exhibit PC/I. Unfortunately, Kiranjit Kaur died in the hospital at 11.40 p.m. on 19/3/1987. Dr. Updesh Singh Sidhu sent intimation Exhibit PE in this regard to the police of Police Station Sarabha Nagar, Ludhiana. On receipt of this intimation, A.S.I. Gurdev Singh again went to the hospital and recorded statement Exhibit PG of Gurmit Kaur (P.W. 7). It was concluded at 12.45 p.m. during that night and on its basis a case under section 302/34, Indian Penal Code was got registered against the accused vide F.I.R. Exhibit PG/2 at 1.35 p.m. at Police Station Sarabha Nagar. A.S.I. Gurdev Singh also drafted inquest report Exhibit PH of the deadbody and entrusted it to Constable Yes Dev and Paramjit Singh, for autopsy.

(3.) The autopsy on the deadbody of Kiranjit Kaur was conducted by Dr. Jagminder Singh, but he could not be examined by the prosecution as he had left the service and his whereabouts were unknown. Thus, Sh. Han Chand Pharmacist (P.W.12) was examined in order to prove the post mortem report, Exhibit PL. During autopsy, Dr, Jagminder Singh found congestion of pleurae of both the lungs. He also preserved the viscera of the deadbody and sent the same to the Chemical Examiner, who vide his report, Exhibit PM, found the presence of 48 mgms of Aluminium Phosphide in the contents of the stomach while Phosphine was found in stomach, large and small intestines. No poison was found in the saturated solution. The Chemical Examiner also vide his report Exhibit PF had found 54 mgms of Aluminium Phosphide in the contents of the aspirates of the patient sent by Dr. Updesh Singh Sidhu (p.W. 4). On receipt of the report of the Chemical Examiner, the Doctor opined that the death of Mst. Kiranjit Kaur had taken place due to the administering of Aluminium Phosphide.