MISS AKKI KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been made on behalf of two unmarried sisters of Sukhdev Singh whose wife Manjit Kaur has lodged a report giving the circumstances in detail how she got poisoned. The allegation against the petitioners is that they along with Sukhdev Singh and their mother Pritam Kaur had started torturing Manjit Kaur for demanding television, fridge and tractor from her parents. Ultimately, on the day of occurrence, she states that after conspiring, the accused sent tea through Akki petitioner and that tea was taken by her. On taking this tea she got some trouble and was taken to the hospital by her brother and viscera was sent for examination by the Chemical Examiner who found organo-phoshorus to have been mixed in the tea. Pritam Kaur was granted bail by the trial Court in December, 1987 and that order remains unchallenged. I am told that Sukhdev Singh has also been granted bail by this Court, of course probably on the ground of his prolonged custody. The case of the petitioners cannot be distinguished from the case of Pritam Kaur and also from that of Sukhdev Singh. Apart from that the report of Gurdev Singh Inspector recorded on 5-11-1987, the photostat copy of which has been shown to me, shows that this poison was taken by Manjit Kaur of her own. The said Inspector in the report under section 173 of the Code of Criminal Procedure, has also stated that although the commission of the offence is doubtful but it has to be finally determined by the trial Court.

(2.) TO , my mind, it is also not possible for a man to take some liquid in which organo phosphorus is mixed because of foul smell and, change of colour after it is mixed.