STATE OF PUNJAB Vs. PARVEEN KUMAR

JUDGEMENT

(1.) Accused Parveen Kumar (2) Shamsher Singh and (3) Smt. Lajya Devi were tried in Sessions Case No. 48 of 1989 for offences under Sections 304-B and 498-A of the Indian Penal Code regarding the death of Rita Rani, the wife of first-accused Parveen Kumar, Second accused Shamsher Singh and third accused Lajya Devi are father and mother respectively of first accused-Parveen Kumar. After trial these accused were acquitted by the Learned Sessions Judge, Hoshiarpur, vide his judgment dated 18.8.1990. Hence the State of Punjab has come forward with this appeal.

(2.) BALJIT Singh (PW-2) father of deceased Rita Rani lodged a complaint at the Police Station Garhshanker on 3.1.1989 wherein he had reported that he got married his daughter Rita with accused Parveen Kumar in June, 1988, and that on the date of the complaint i.e. 3.1.1989 at about 7 a.m. he was informed by Sagli Ram, a resident of Garhshankar that Rita Rani had expired, upon which he along with members of his family and others went to the house of the accused and found his daughter dead in her in-laws' house. Baljit Singh suspected that Rita Rani had been administered poison by the accused. This complaint was given by Baljit Singh at Police Station Garhshankar, on the basis of which Head Constable Sangat Singh (PW-5) of that police station recorded DDR No. 20 (Ex.PD). A copy of this DDR entry was received by Joga Singh ASI, who immediately reached village Binewal, found the dead body of Rita Rani, conducted inquest and sent the body for post-mortem. Dr. Varinder Kumar (PW- 1) Medical Officer, Civil Hospital, Garhshankar, conducted the post-mortem examination of Rita Rani, on 4.1.1989 at 10.30 a.m. and sent a piece of brain, heart, lungs, liver, whole of spleen and one kidney, a piece of small intestine and a piece of large intestine, whole of stomach, and the blood for chemical examination. After the receipt of the chemical examination, he gave the cause of death as aluminium phosphide poisoning, which was sufficient to cause death in the ordinary course of nature. ASI Manjit Singh (PW-4) had after receipt of the report of the chemical examiner and on the basis of the DDR entry registered the formal F.I.R. Baljit Singh (PW-2) the father of deceased Rita Rani and Jagjiwan Singh (PW-3) sister's husband of Rita Rani deposed about ill-treatment and cruelty meted out to Rita Rani by the accused.

(3.) THE accused also examined Achhru Ram (DW-1) who stated that accused Parveen Kumar was living with his wife separately from his parents and was running a shop while, Shamsher Singh, father of Parveen Kumar, was cultivating the lands. He also stated that accused never ill-treated Rita Rani. DW-2 Ram Parkash also deposed similarly.