SUKHWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners Sukhwinder Kaur and her husband Gurwinder Singh, Sukhjinder Singh and his wife Paramjit Kaur were initially found innocent in the present case bearing FIR No. 61 dtd. 2/10/2012, under Sec. 306 IPC, Police Station Talwandi Chaudrian, District Kapurthala. It is subsequent at the time of the trial upon application under Sec. 319 Cr.P.C. they were summoned as additional accused and hence the present anticipatory bail has come about.

(2.) The brief facts brought to the notice of this Court are that a marriage between Bakhsish Singh co-accused non-applicant and Manjeet Kaur deceased took place around the year 1994 to 1995 out of which a girl aged 18 years, two boys aged 14 years and 11 years were born. In the year 2004, Bakhsish Singh left for United Kingdom and on his return in the year 2012 had asked and demanded account of money remitted to his wife in India and as a consequence of this dispute, it is alleged by the complainant father of the deceased that the deceased was put to death on 1/10/2012 by the accused. The Medical Board so constituted had found the cause of death due to poisoning on account of consumption of Aluminum phosphide.

(3.) Learned counsel for the petitioner has argued that the petitioners are residing separately from the family of Bakhsish Singh and there is no role attributed to them in the commission of offence and that it was own act and conduct of the deceased that she has consumed poison leading to her death on account of dispute with her husband and that having been summoned under Sec. 319 Cr.P.C. nothing is to be recovered from them and are willing to join the trial.