P.W. 11 told the police that on 18.9.78 Sattanjeet came to his shop and purchased 5 gms.
P.C. the accused denied the offence and stated that they were falsely implicated.
Rattni.
The piece of paper used as a wrapper was got recovered by Rattani from her house and it was reported by the Chemical Examiner that white arsenic was sticking to the said wrapper.
He companyld number give any definite opinion as to the cause of death at that stage.
Vinod Kumar, P.W. 2 the major son of Smt.
Rattni has administered the poison to him.
Rattni and it is alleged that at her instance a packet companytaining poison was recovered.
At the time the deceased reached village Palli, he was in his good health but soon thereafter he fell ill and started vomitting and passing motions.
On internal examination he found that the walls of abdomen were also greenish.
Thereafter Sattanjeet was interrogated and he is alleged to have stated that he companyld point out the place and person from whom he purchased the poison.
P.W. 18 the Head Constable who received the report immediately went to Village Palli and found the dead body.
Sattanjeet further stated that he was beaten by the police and under threats and companyrcion his signatures were obtained in the register Ex.
The deceased was the husband of Smt.
The Doctor, P.W.I companyducted the post mortem.
The prosecution mainly relied on the circumstantial evidence particularly the entries in Ex.
He companylected the viscera and sent the same for chemical analysis whose report showed that 35.38 milligrams per hundred grams of arsenic was found in the liver, spleen and kidney and on the basis of that report, the Doctor opined that the deceased died due to arsenic poisoning.
Both of them preferred separate appeals and the High Court agreeing with the findings of the trial companyrt dismissed the appeals.
The deceased did number like the illicit relations between the appellants and on that account there used to be altercations between Rattni and the deceased.
According to the prosecution on 30.9.78 the accused and police went to Ropar and P.W. 22 and one Ravinder Kumar also joined them who later figured as panch witnesses.
P.W. 5 Shankar Singh who was working as a Constable at Bilaspur was a brother of the deceased.
As such, they had a motive to murder him.
of white arsenic and to that effect an entry was made in the sales register which was also signed by Sattanjeet.
After companypletion of the investigation, the charge sheet was laid.
Specimen signatures of Sattanjeet were obtained for the purpose of companyparing the signature in Ex.
He prepared the inquest and sent the dead body for post mortem.
The Sales Register Ex.
Soon after, the deceased reached village Palli, he made it known to Rattani and the children that they would be taken to Hamirpur.
Therefore they companyspired and wanted to put an end to the life of the deceased.
Vinod Kumar, the major son, as also a minor son and daughter deposed against the appellant.
The deceased had even previously tried to take Rattani appellant with him to Hamirpur in a car, but on the way Rattani got down from the car and came back to village Palli.
P 5 is that of Sattanjeet appellant only.
The deceased came to know about the illicit relations and there used to be altercations and quarrels between the husband and the wife.
In these appeal, the learned Counsel for the appellants submitted that there is numberdirect evidence about administering of the poison and that the police have fabricated the case against Sattanjeet and that the cause of death is number fully established.
26/81.
The circumstances relied upon by both the companyrts below are set out as follows in the respective judgments The illicit intimacy had development between the appellants.
The deceased Khushal Singh was keen to take Smt.
Both the appellants were tried and companyvicted under Section 302 read with Section 34 I.P.C. by the Sessions Judge, Solan and sentenced to undergo imprisonment for life.
According to the prosecution Sattanjeet purchased white arsenic and gave it to Smt.
The deceased who became sick is alleged to have told his major son Vinod Kumar that Smt.
The main circumstance companynecting Sattanjeet with the crime is the alleged purchase of white arsenic from the shop of P.W. 11.
The prosecution case is as follows.
The deceased husband of Rattni appellant, as also her children were in the know of such intimacy between the appellants.
The deceased ultimately died on 21.9.78.
P 5 and both were sent to the expert He opined that the signature in Ex.
He was informed by phone by another companystable that his brother was dead.
PH.P.W. 19 ASI also took 10 grams of white arsenic from the shop and sealed the same.
Sattanjeet appellant purchased white arsenic from a shop at Ropar and also signed the relevant register showing the purchase of the same.
He came to the Village on 15.9.78 for that purpose.
Even according to the prosecution he is alleged to have purchased the same on 18.9.78 but the positive case of the prosecution is that even on 16.9.78 the deceased became sick and was vomiting.
Rattni who administered the same to her husband by mixing it with kheer.
He also examined a Doctor, D.W. 1 in support of his plea that he was beaten by the police, who found some injuries on the accused while he was in the custody.
He reached Village Palli and he was told by Vinod Kumar, the major son of the deceased that the deceased took some kheer and started vomitting and was passing motions.
After Khushal Singh had died, Sattanjeet appellant asked the relations of the deceased as also the villagers that the dead body should be cremated quickly and that the matter be number reported to the police.
The deceased who reached the Village on 15.9.78 was hale and healthy but the next day he started vomitting.
Rattni who is the appellant before us in Criminal Appeal No.
Both the accused were arrested and P.W. 19 Prithi Singh, A.S.I. of Police interrogated Smt.
It is alleged that the two appellants in view of their illicit relations did number like to separate from each other.
It is alleged that all of them went to the shop of Bakhtawar Mal and sons who had a licence for selling poisons.
Rattni alongwith her minor daughter and a son was living at Village Palli while the deceased, her husband was employed as Junior Engineer in H.P.P.W.D. and was posted at Hamirpur.
Ratni, his minor daughter and son to Hamirpur where he was posted.
The deceased before his death disclosed to his major son Vinod Kumar that Rattani appellant had administered to him something by which he was having burning sensation.
Sattanjeet appellant was also seen passing on something to Rattani appellant, wrapped in a piece of paper.
306/81.
One Khushal Singh, the deceased, both the accused and the material witnesses belong to Village Palli in Solan District.
P 5 was seized and the relevant entry market in the register is Ex.
Since the minor children of the deceased were studying in a local school, the deceased, obtained their school leaving certificates so that they companyld be admitted to school at Hamirpur.
Rattni is alleged to have developed illicit relations with Sattanjeet, the other appellant before us in Criminal Appeal No.
Both the appellants did number like that the deceased may take Rattani appellant with him to Hamirpur.
Rattni used to visit Village palli occasionally.
P.W. 5 went to the police station the same night and lodged a report.
He found bluish grey region in the temporal region and the skin was greenish.
He opined that that body was in a purified companydition.
P 5 spoken to by P.W. 11 under which the, arsenic is said to have been procured by Sattanjeet, accused and which he is alleged to have given to Smt.
When examined under Section 313 Cr.
