GURSHARAN KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed under Section 439 Cr.P.C. Seeking grant of regular bail to the petitioner in case FIR No. 205 dated 15.8.2008 registered at Police Station Farakpur, under Sections 328, 302 & 34 IPC.

(2.) CASE set out in the FIR is that the deceased was having strained relations with his wife Gursharan Kaur, petitioner. He had gone to visit his in-laws where his wife was staying. In the night, husband and wife stayed together and in the morning husband Dalvinder Singh was found dead. His viscera was sent to the Chemical Examiner who has opined that cause of death is organophosphorous pesticide.

(3.) COUNSEL for the petitioner has relied upon Sanjay Mittal v. State of Haryana, 2002(3) All India Criminal Law Reporter 861 to state that organophosphorous being very pungent cannot be administered forcibly.