DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 19.04.1995, rendered by the Court of Additional Sessions Judge, Bathinda, vide which it convicted Darshan Singh son of Surjit Singh, accused, (now appellant), as under:-

(2.) THE facts, in brief, are that Chhinder Kaur, (now deceased) sister of Bhura Singh, complainant, was married to Darshan Singh, accused about 7 years before the occurrence. Shamsher Singh, (since acquitted) was the elder brother of Darshan Singh, accused, whereas Sukhdev Kaur, (since acquitted) was the mother of Darshan Singh, accused. No issue was born from the wedlock. On account of this reason, Darshan Singh and his co-accused were pressurizing Chhinder Kaur to bring more dowry.

(3.) THE prosecution, in support of its case, examined Dr. Pawan Kumar, Medical Officer, (PW-1), who conducted the post mortem examination on the dead body of Chhinder Kaur wife of Darshan Singh. On external examination of the body of Chhinder Kaur, cyanosis was found present. Face was pale. Eyes closed x cm reddish colour abrasion on right forearm on medial aspect 5 cm proximal to wrist joint was found on the dead body of Chhinder Kaur. On internal examination, membranes of brain and both lungs were congested. Pleurae were also congested. Liver spleen and kidney were congested. Stomach was healthy, patch of congestion was present and contained 3 tons of fluid, which was sent to the Chemical Examiner with the viscera. The cause of death was to be declared after the receipt of Chemical Examiner's report. The probable time between the death and post mortem was within 36 hours. On receipt of the report of the Chemical Examiner, the cause of death of the deceased was declared organo phosphorous, consumption, which is a group of insecticide as the said poison was detected in the viscera.