(1.) By this order I propose to dispose of two petitions i.e. Criminal Misc. No. 13381-M of 1995 titled Paramjit Kaur and another v. The State of Punjab and another, and, Criminal Misc. No. 13994M of 1995 titled Mangal Singh v. The State of Punjab, for grant of anticipatory bail to the petitioners.
(2.) It is the case of respondent No. 2-complainant Narain Singh that Paramjit Kaur was married to his son Jaspal Singh in the year 1983. From this wedlock two children, a male and a female, were born. Jaspal Singh died on 21-5-1994. As per the complainant, Paramjit Kaur was in love with one Dr. Nirmal Singh and they in conspiracy with other petitioners administered poison to the deceased in liquor, as a result of which Jaspal Singh died on the same day. The complainant further submits that since the police failed to take any action upon the complainant, he filed a private complaint in the Court of Judicial Magistrate, Jalandhar, on or about 20-10-1994. The complainant claims to have earlier believed that his son had died a natural death, but it is only after he came to know of the report of Chemical Examiner to the Government of Punjab, which is dated 20-7-1994 that his son was administered poison i.e. Aluminium phosphide, which is a pesticide. This poison was detected in a viscera of contents of stomach, small and large intestines, and Phosphine, a constituent of aluminium phosphite, was detected in heart, lungs and blood. Further the case of the complainant, as put forward in the complaint, is that he had come to know from Dr. Mastan Singh that he had seen the deceased, Dr. Nirmal Singh, Mangal Singh and his mother, shouting and abusing Jaspal Singh. He also saw them taking wine and he saw Paramjit Kaur holding pesticides in her hand. Afterwards Jaspal Singh had vomited.
(3.) The case of the petitioners, on the other hand, is that the deceased Jaspal Singh was a habitual drunkard and used to take drugs. The death has resulted from such drugs and excessive drinking and they are not responsible for his death. The petitioners further submit that their case is fully established from the statement recorded of Narain Singh, the complainant, on 21-5-1994, which reads as follows :-