JUDGMENT

S.P. Kurdukar, J.-The two appellants alongwith Bimal Kaur (acquitted) were put up for trial for committing the murder of Surinder Kaur, an offence punishable under Section 302/34 of the Indian Penal Code. Surinder Kaur was the wife of Amarjit Singh (A-1) whereas Bimal Kaur (acquitted accused) happens to be the wife or Prem Singh (A-2). The trial court vide its judgment and order dated 28.7.1986 convicted the appellants under Section 302/34 of the Indian Penal Code and sentenced them to suffer life imprisonment and to pay a fine of Rs. 3,000. Bimal Kaur, however, was given the benefit of doubt and acquitted. The appellants aggrieved by the order of conviction and sentence passed by the trial court preferred an appeal to the Punjab & Haryana High Court at Chandigarh. The Division Bench of the High Court on re-appraisal of materials on record vide its judgment and order dated April 5, 1988 dismissed the appeal and confirmed the order of conviction and sentence passed by the trial Court. It is this judgment and order passed by the High Court which is the subject matter of challenge in these two criminal appeals filed by A-2 and A-1 respectively.

2. Briefly stated the prosecution case is as under:-

Surinder Kaur (since deceased) was the resident of village Mithumajra in Patiala district. She was married to Amarjit Singh (A-1) on March 10, 1985. Prem Singh is the brother of Amarjit Singh. Both the brothers were staying together in their house at village Mehma Walian. About seven and a half month s after the marriage, on October 27, 1985, at about 7.50 p.m., A-2 brought the corpse of Surinder Kaur in the emergency department of Rajinder Hospital, Patiala. Dr. Mohinder Singh (PW 1), Emergency Medical Officer, immediately conveyed a telephonic message to Police Station, Civil Lines, Patiala, which thereupon was passed over by wireless to the Station House Officer, Police Station, Jhulkan, as the death was suspected to be due to poisoning.

3. It was alleged by the prosecution that on October 27, 1985, A-2 accompanied by his wife Bimal Kaur went to the parental house of Surinder Kaur at village Mithumajra and informed the inmates that Surinder Kaur was suddenly taken ill and was admitted to Rajinder Hospital, Patiala, however, she died there. Jaspal Singh (PW 3) and Sahib Singh (PW 4) as also some other relatives of Surinder Kaur reached the hospital where the dead body of Surinder Kaur was lying in the emergency ward. ASI Jhanda Singh (PW 9) attached to the Police Station, Jhulkan came to the hospital on October 28, 1985, at about 12.05 p.m. and recorded the statement of Sahib Singh (PW 4) which was treated as an FIR (Ex. PF). It was stated in the complaint that Surinder Kaur was complaining that she was being harassed because A1 (husband) was not given as promised a Rajdoot Motor Cycle in dowry. It was further stated in the complaint that some of the family members of A-1 and A-2 had administered the poison which caused her death. The dead body of Surinder Kaur was sent for post mortem examination and thereafter it was taken to village Mithumajra for cremation.

4. It was alleged by the prosecution that since the brothers suspected a foul play in the death of Surinder Kaur, on October 29, 1985, Jaspal Singh (PW 3) went to village Mehma Walian with a view to get the correct information as regards the cause of her death. SI Gurnam Singh (PW 8). Station House Officer, Police Station, Jhulkan, during investigation recorded the statements of various persons. Since the death of Surinder Kaur was suspected due to poisoning, the viscara was sent to the Chemical Analyser for examination. After completing the investigation, SI Gurnam Singh (PW 8) opined that no offence was made out against the appellants and, therefore, submitted his report accordingly.

5. It appears that the superior police officers did not, prime facie agree with the opinion given by SI Gurnam Singh (PW 8) and therefore, further investigation was entrusted to DSP Ajit Singh