STATE OF PUNJAB Vs. RAGHBIR SINGH

JUDGEMENT

(1.) THIS judgment disposes of Criminal Appeal No. 155-DBA of 1997 filed by the State of Punjab and criminal Revision No. 743 of 1996 filed by the petitioner complainant Balbir Singh, having been arisen out of the Judgment dated 18-5-1996 passed by the learned Additional sessions Judge, Ropar, whereby the accused respondents Raghbir Singh and Kulwant kaur (hereinafter referred to as 'the respondents') were acquitted of the charges under sections 306/304-B/34 IPC.

(2.) THE factual matrix of the case is that, balbir Singh a resident of village Ghanauli, police Station Kuraloi, has three daughters. Bhupinder Kaur (since deceased) eldest daughter was from his first wife. On 12-5-1991, he had married his daughter with harbans Singh son of Ujanagar Singh. After four months of the marriage, Harbans singh expired, thereafter, she was re-married with Raghbir Singh accused (younger brother of Harbans Singh ). Kulwant Kaur, mother of the accused, was not happy with this marriage. Raghbir Singh accused was also not willing to keep her as his wife. Balbir singh and his brother-in-law Swaran Singh son of Nikka Ram visited Bhupinder Kaur twice or thrice. They were informed that the accused were not happy with her marriage and they were alleging that Bhupinder Kaur was not doing any domestic work and that she be taken to her parental house. On 26-6-1992, Nirmal Singh son of Karan Singh, resident of village Kakron, who was employed at Ropar informed Surjit Kaur wife of the complainant at village Ghanauli that bhupinder Kaur had fallen ill and is admitted in PGI. On receiving this information, they went to PGI but she had expired by that time. They came to know that Bhupinder kaur had died by consuming some poisonous substance and that the accused had been maltreating her.

(3.) ON the aforesaid statement Ex. PD of balbir Singh complainant before SI Joga singh. FIR Ex. PD/2 was registered by amhc Manjit Singh. Then SI Joga Singh went to the PGI and prepared Inquest report Ex. PE. On 28-6-1992. Dr. M. P. Singh, medical Officer, General Hospital, Sector 16, chandigarh conducted postmortem examination on the dead body of Bhupinder Kaur and he found that there was no mark external injury on her body. On receipt of the report of the Chemical Examination, it was detected that there was aluminum phosphide pesticide in the contents of stomach, small intestines, liver, spleen, kidney and blood. On completion of the investigation challan against the accused was presented in the Court.