SATINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this revision petition is for setting aside the order dated 11.12.2017 passed by the trial Court, vide which application filed by the petitioner, seeking discharge, was dismissed and charges have been framed against her under Sections 307, 328, 120-B of the Indian Penal Code (for short 'IPC ').

(2.) Brief facts of the case are that FIR No.30 dated 07.03.2009 under Section 328 IPC, Police Station Goraya, District Jalandhar was registered at the instance of complainant Dilbag Singh with the allegations that he is aged about 85 years and was running a school on Bara Pind Road, Goraya. He kept Avtar Singh as servant, who was also working as Driver in the school. Every morning, he used to bring butter milk (lassi) for the complainant from the house of Sarwan Singh, ex-Sarpanch, Bara Pind. On 07.03.2009, he brought butter milk and the complainant and his daughter Balwinder Kaur drank the butter milk and found that some liquid like mercury was mixed in the same. The complainant and his daughter went to Civil Hospital, where the doctor gave them treatment to vomit and they were admitted in the hospital for further treatment.

(3.) Thereafter, the police, during the investigation, recorded statement of Balwinder Kaur, who stated that she is adopted daughter of Dilbag Singh, vide adoption deed dated 08.09.1980 and her marriage was solemnized with A.S. Shergill. Her mother Narinder Kaur @ Gian Kaur had died in the year 1998. The complainant-her father had executed a registered Will on 06.09.1978 in favour of Narinder Kaur @ Gian Kaur and thereafter, he executed a registered Will in her favour on 11.09.2008, being adopted daughter. The property of the complainant was joint with his brother Rachhpal Singh @ Hari Rachhpal, who died in Canada in the year 2004 and his share was inherited by his three sons namely Shivdev Singh, Jagdev Singh and Harpreet Singh. Since her father wanted to partition the land, he called his nephews Shivdev Singh and Harpreet Singh to his house and they stated that they will inform after consultation with their third brother Jagdev Singh, who was residing in Canada and thereafter, the incident took place, when their domestic servant Sukhni daughter of Sat Narain gave them butter milk, mixed with mercury. She further stated in the statement that during the investigation, Sukhni admitted that she had given the butter milk mixed with mercury to them on the asking of Shivdev Singh, in conspiracy with Jagdev Singh, Harpreet Singh and petitioner Satinder Kaur.