SMT. GURDEV KAUR Vs. STATE

JUDGEMENT

(1.) THE learned Additional Sessions Judge of Ferozepur tried Smt. Guddi under section 304, Indian Penal Code, for committing culpable homicide not amounting to murder by causing the deaths of Mukhtiar Singh and Jarnail Singh Smt. Gurdev Kaur was also tried for abetting her in committing the offence for which she had been charged. The first of them was convicted under section 328, Indian Penal Code, of two counts and was ordered to be released on her entering into a surety bond in the amount of Rs. 1,000/ - to appear and receive sentence when called upon during a period of one year and in the mean time to keep the peace and to be of good behaviour. The second, however, was convicted under sections 304/109, Indian Penal Code, and awarded five years' rigorous imprisonment on each count. The sentences were made to run concurrently. She has come up in appeal.

(2.) THE prosecution story briefly stated runs as follows. Smt. Guddi accused was married to Mukhtiar Singh deceased a Jat. She was Mazhabi by caste and was aged nine years only at the time of the incident. Smt. Gurdev Kaur accused -appellant is wife of Mohinder Singh a brother of Mukhtiar Singh. Smt. Guddi was not well treated by her husband. Smt. Gurdev Kaur advised her that she should administer insecticide in the chapatis to her husband. This insecticide was lying in her house and was meant for spraying the crops. On 27th October, 1965, Smt. Guddi mixed this insecticide in the flour and prepared four chapatis. She gave these four chapatis to her husband to eat, who had three and left one in the basket meant for keeping chapatis. Jarnail Singh who was his siri was also taking meals along with him. Smt. Guddi had given four chapatis to larnail Singh which she had prepared out of the atta which was not mixed with insecticide. Jarnail Singh ate them and wanted more. Smt. Guddi was busy then in making dung -cakes. Mukhtiar Singh in her absence gave him the chapati which he had returned and was lying in the basket. Thereafter both Mukhtiar Singh and Jarnail Singh left in their cart for the fields. They both felt sick after some time Mukhtiar Singh was brought home and from their was taken to Mukhtiar Police Station but he died in the way. Jarnail Singh also was removed to Mukhtiar Singh's house by one Sadhu Singh P.W. 5 where he also died a few minutes later. He had told Sadhu Singh that he and Mukhtiar Singh got sick after taking the chapatis given by Smt. Guddi. Sadhu Singh conveyed this information to Kaila Singh P.W. 3, Jagat Singh P.W. 4, Avtar Singh and others present in the house of Mukhtiar Singh. Smt. Guddi when questioned by them admitted that she had administered insecticide to the two dead persons at the abetting of Smt. Gurdev Kaur, Kaila Singh a brother of Jarnail Singh deceased went to Police Station, Muktsar, and lodged the first information report on the same night at 11.00 P.M. Exhibit P. 13.

(3.) DR . Prithipal Singh P.W. 1 conducted the post -mortem examination of the dead bodies of Mukhtiar Singh and Jarnail Singh. He sent the two viscera's duly sealed to the Chemical Examiner who after examination opined that those contained endrine.