JUDGMENT :

N.S. SHEKHAWAT, J.

1. By way of the instant appeal, the appellant/complainant has assailed the legality of the impugned judgment dated 25.07.2003 passed by the Court of Additional Sessions Judge (Adhoc), Patiala, whereby, the respondents were ordered to be acquitted by the trial Court.

2. During the pendency of the present appeal, the respondents No. 3, 5 and 7 have expired and consequently, vide order dated 04.11.2025, the present appeal qua them was ordered to have been abated.

3. The brief facts of the present case as noticed in short by the trial Court read as under:-

“That on 11.11.98 at about 7.30 PM Labh Singh husband of the complainant Surjeet Kaur after taking his dinner went to sleep in a room of the house situated outside meant for keeping animals. At about 08.00 P.M., the complainant was going to serve milk to her husband Labh Singh. When she reached near the gate of the out house, she heard the noise of ‘Bachao-Bachao'. On entering the house, the complainant saw that Balbir Singh accused had caught hold the neck of Labh Singh with both the hands, Gurjeet Singh s/o Mohan Singh and Rooda Singh @ Jasbir Singh son of Gurdev Singh were holding Labh Singh from his both arms and accused Mehar Singh and Desh Raj s/o Norta Ram had caught both his legs, Mohinder Singh s/o Bachan Singh was holding a steel glass in the hands containing some poisonous matter and put the poisonous matter in the mouth of Labh Singh in the presence of complainant. Meanwhile, Jagtar Singh who is son of complainant reached there. Both Jagtar Singh and complainant made noise. Gurcharan Singh S/o Ajmer Singh R/o Village Budhanpur also reached there. On their raising raula, all the accused ran away from the spot and accused Mohinder Singh ran away with the glass. Complainant, her son Jagtar Singh and Gurcharan Singh witnessed the occurrence. Labh Singh was saying that the above named accused had conspired with each other and had put poison in his mouth in order to kill him. He said “save me immediately”. The complainant and her son Jagtar Singh took Labh Singh on tractor trolly to Banur Hospital about 8.30 PM. The doctor there gave some medicines Labh Singh & referred him to PGI, Chandigarh. Surjit Kaur, complainant and her son took Labh Singh to PGI Chd. Hospital. He was admitted there and died in the hospital. The above said accused Balbir Singh, Gurjeet Singh, Rodda Singh @ Jasbir Singh, Mehar Singh, Des Raj and Mohinder Singh, all resident of Village Budhanpur had conspired with each other to put poisonous matter into the mouth of deceased Labh Singh in order to kill him. All the accused persons belong to same party. There was a dispute between Labh Singh and his brother Gian Singh and Gurjit Singh s/o Mohan Singh regarding kotha and in that dispute accused helped Mohan Singh and Gurjit Singh.

3. Earlier on 3.10.1998 Mohan Singh and his son Gurjit Singh etc. had beaten the complainant, her husband Labh Singh and their children. Regarding this a case has been registered against Mohan Singh, Gurjit Singh, Kala, Hari Singh U/s 325/34 IPC in P.S. Banur. The police of P.S. Banur reached PGI Chandigarh and statement of Labh Singh (deceased) was recorded. Postmortem of Labh Singh (deceased) was conducted in PGI Chandigarh which makes clear that death was caused by poison. The above named accused persons are desperate persons and builds political influence. The police is reluctant to proceed against the accused persons. Rather the truth is that the police did not arrest accused but had threatened the complainant and her son.

Jagtar Singh approached high authorities, but in vain. Strange enough that the police has threatened complainant's son and the witnesses that they will be eliminated like Labh Singh. They have also threatened the woman to stop pursuing the case. The petitioner is a woman and she always apprehended danger to her and her children. Complainant had no other way out and she has been forced to file the complaint.”

4. After the preliminar