K.P.S.SANDHU,J. - (1.)MOHINDER Singh has been convicted and sentenced to rigorous imprisonment for five years and a fine of Rs. 1000, in default further rigorous imprisonment for one year, under section 306 of the Indian Penal code by the Additional Sessions Judge, Faridkot, vide his order dated 11th November, 1983. Three co-accused of the appellant namely, Ujagar Singh, his father; Bachan Kaur, his mother; Mohinder Kaur, his sister, were given the benefit of doubt by the learned trial Judge.
(2.)GURDEV Kaur (since deceased) was married to the appellant some seven or eight years prior to the present occurrence which took place on 6th August, 1982. The appellant left for Dubai after three years of his marriage and had been visiting India every year since then. The co-accused of the appellant were often quarrelling with Gurdev Kaur and telling her that she would not be kept in the house. Gurdev Kaur used to complain to her brother Jit Singh that she was apprehending danger at the hands of the co-accused of the appellant. The appellant is alleged to have written a letter to the brother of the deceased twenty or twenty-five days before the occurrence saying that he did not want to keep Gurdev Kaur and they should settle the matter. In response to the letter written by the appellant Jit Singh PW2, brother of Gurdev Kaur; Jit singh's wife Mohinder Kaur and his brother-in-law Gurcharan Singh went to the village of the appellant, namely Bughipura and enquired from the appellant and his co-accused as to why they were maltreating Gurdev Kaur at which they replied that Mohinder Singh did not like Gurdev Kaur for her blackish colour. Jit Singh again went to the appellant and his co-accused about four or five days prior to the occurrence and requested them not to ill-treat Gurdev Kaur. While on 6th August, 1982, Jit Singh was returning from Moga he again went to the village of the appellant and found that Gurdev Kaur was lying dead on a charpoy and the appellant and his co-accused were preparing to cremate her. Jit Singh reported the matter to the sarpanch of the village and requested him that the appellant should not be allowed to cremate Gurdev Kaur's deadbody. Jit Singh went to his village and brought Inder Singh Sarpanch of his village and Amar Singh and went to Police Station, Mehna, where he lodged first information report Exhibit PA on 6th August, 1982, at about 11 p.m. Sub-Inspector Pritpal Singh PW5 went to the spot, prepared inquest report Exhibit PC/1 and took into possession some saliva-stained earth. He also prepared site-plan Exhibit PK and sent the deadbody of Gurdev Kaur for autopsy. Dr. Avtar Singh PW1 performed post mortem examination on the deadbody of Gurdev Kaur on 7th August, 1982, at about 10 a.m. The following is the report of his examination :-
There was no injury on her deadbody. Heart was healthy and full. All other organs were healthy. Stomach showed patechial hemorrhages on the mucosal surface and it was full of semi-digested food. Bladder was healthy and half-filled. Cause of death was subject to the chemical examination report of the viscera sent to him."

On receipt of the report of the Chemical Examiner, Exhibit PC, the deposed that - "Presence of organo phosphorus in the stomach contents, small and large gut with their contents and pieces of liver, spleen and kidney is indicative of the fact that the death of Gurdev Kaur was due to intake of organo phosphorus orally. Presence of alcohol in the above parts of the body is further indicative of the fact that organo phosphorous compound might have been consumed along with alcohol. The Chemical Examiner had found 63.25 mg/per hundred M.L. concentration of alcohol in the urine which was also indicative of the fact that alcohol had been consumed by the deceased. With the intake of organo phosphorus and alcohol death could occur in the ordinary course of nature." After due investigation the appellant and his co-accused were sent up for trial.

When examined under section 313 of the Code of Criminal Procedure, the appellant denied the prosecution allegation and came out with the following version :-

"I and my wife had gone to the fields during day time where narma and cotton crops were sprinkled with insecticide. I had summoned a private doctor to get Gurdev Kaur treated. I sent information of her death to Jit Singh my brother-in-law, to their village Raunta through Dalip Singh. I also sent information to the police. My mother and sister had gone to Moga for getting medicine for my sister. My father is an employee and stationed at village Budhsinghwala. He was also sent information."
In defence he examined Dalip Singh DW 1. He stated that the appellant sent him to Jit Singh PW to inform him that Gurdev Kaur had died. PW 2 Dr.J.S. Dalal, M.D., Head of Forensic Medicine Department, G.G.S. Medical College Faridkot, stated after examining post-mortem report Exhibit PB that the percentage of organ phosphorus was not mentioned in the contents of the viscera as analysed by the Chemical Examiner. He further stated there was always a minimum lethal dose in any and every poison and, therefore, without the minimum percentage of lethal dose in organ phosphorus it could not be said that the death in this case was due to the presence of organ phosphorus.
(3.)THE prosecution, apart from Dr. Avtar Singh, examined Jit Singh PW 2, the brother of the deceased and the first informant in this case. Gurcharan Singh PW 3, sister's husband of Gurdev Kaur (since deceased) also deposed about the ill-treatment meted out to Gurdev Kaur from the appellant and his co-accused. He had arranged the marriage between the appellant and Gurdev Kaur. PW 4 Amar singh of village Raunta accompanied Jit Singh PW to the police station and is a witness to the recovery of certain articles. PW 5 Sub-Inspector Pritpal Singh investigated the case and after due investigation submitted a report under section 173 of the Code of Criminal Procedure.