IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (339)

Reserved on: 10.02.2025 Date of Pronouncement:13.02.2025 Charanjit Kaur .... Appellant V/s State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Ms. Kashish Sahni, Advocate as Amicus Curiae for the appellant.

Mr. Harkanwar Jeet Singh, AAG, Punjab.

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JASJIT SINGH BEDI, J.

The present appeal has been filed against the judgment of conviction and order of sentence dated 18.01.2005 passed by the Sessions Judge, Sangrur.

2. The instant FIR came to be registered on 29.10.2003. The accused-appellant came to be convicted vide judgment of conviction and order of sentence dated 18.01.2005. The present appeal against the judgment of conviction and order of sentence was filed on 21.03.2005. The matter has come up for final hearing now after more than 21 years of the registration of the FIR.

3. The facts, in brief, are that on 29.10.2003, ASI Sukhkirpal Singh of Police Station, Sunam reached at Civil Hospital, Sangrur on receipt of a memo regarding the death of Bhola Singh son of Ram Singh resident of village Ramgarh Jawandha. Ram Singh, father of the deceased, met him and made a statement Ex.P-11 to the effect that he was a resident of Village Ramgarh Jawandha and had two sons, Bhola Singh (deceased) and Mithu Singh (PW-3). Bhola Singh was married with Charanjit Kaur (accused) about 11 years ago and two sons and a daughter were born from the wedlock. There was a quarrel at the time of the last Rabi crop between Charanjit Kaur, Ram Singh, Bhola Singh and Mithu Singh and a case was registered against them at police station, Sunam. Charanjit Kaur also moved an application before the Women Cell but Panchayats of Villages Kohrian and Ramgarh Jawandha got effected a compromise and Charanjit Kaur came to reside with Bhola Singh about three months back. Bhola Singh was an employee of Atma Singh of Village Kothe Rohi Ram and he resided there on rent in a house of Vas Dev along with his family. The second son of Ram Singh, namely, Mithu Singh also worked at Kothe Rohi Ram.

On 28.10.2003 at about 7.00 p.m., Ram Singh and his son Mithu Singh went to meet Bhola Singh. After taking tea, Bhola Singh asked his wife Charanjit Kaur to bring a bottle of liquor lying in the house for his father and brother. Charanjit Kaur brought a bottle which was half filled, from inside the house and placed it before them. Ram Singh and Mithu Singh did not take the liquor as they were to return to village Ramgarh but Bhola Singh took one peg out of the bottle. When Ram Singh and Mithu Singh decided to go back to their village, Bhola Singh told them that the liquor was tasting bitter. Therefore, Bhola Singh also vomited. Ram Singh arranged a vehicle and removed Bhola Singh to Civil Hospital, Sunam, from where he was referred to Civil Hospital, Sangrur, at about 2.30 a.m. on 29.10.2003, where he expired. It was alleged that Charanjit Kaur had illicit relations with his nephew Satpal Singh @ Baman-accused and Bhola Singh used to restrain Charanjit Kaur. Both Charanjit Kaur and Satpal Singh, conspired and administered some poisonous substance to Bhola Singh in the liquor.

4. ASI Sukhkirpal Singh made his endorsement Ex. P14 on the said statement and sent it to police station, Sunam, and a case was registered vide FIR Ex.P.15. He inspected the dead body and prepared the inquest report Ex.P-4. He moved application Ex.P-2 for post-mortem examination of the dead body. ASI Sukhkirpal Singh went to the spot and prepared a site plan Ex. P-16. The clothes of the deceased were produced before him which were taken into police possession vide memo Ex. P-17. He recorded statements of the witnesses. Thereafter, the investigation was handed over to ASI Sukchain Singh. He arrested accused-Charanjit Kaur on 31.10.2003 and empty bottle Ex.P-29 was recovered in pursuance of the disclosure statement Ex.P-24 made by her, which was taken into police possession vide memo