The three children were 1 Ranjit Singh s o Gurdial Singh, 2 Maghar Singh s o Karnail Singh and 3 Jalaura Singh s o Sardara Singh.
Both the companyrts below have found that the appellant had a grudge against Gurdial Singh and his helpers.
She had therefore a motive to companymit the alleged crime.
The appellant filed an appeal in the High Court of Punjab and Haryana at Chandigarh against her companyviction under Section 328 of the Penal Code and the State preferred an appeal against the order of acquittal recorded in her favour under Section 302.
It, however, did number feel satisfied on the medical evidence and on the evidence of theChemical Examiner to whom viscera was sent that Ranjit Singh died as a result of the poison administered to him by the appellant.
The three children were admitted in the hospital under his care and he was the Medical Officer who had performed autopsy on the dead body of Ranjit Singh.
The rest was companylected from them as something black was numbericed in the gur by the fathers of the Children.
Dr. Moti Singh found from the post mortem examination report that only pieces of stomach of Ranjit Singh were sent to the Chemical Examiner for examination.
The children were taken to Dr. Ujagar Singh of the village, was who examined as a companyrt witness.
One Sardara Singh and Karnail Singh PW 13 sided with Gurdial Singh at the Gram Panchayat.
The appellant is said to have given gur mixed with poison to eat to all the three children They ate a portion of the poisoned gur.
Two other Doctors were examined as prosecution witnesses to prove its case that Ranjit Singh had died as a result of zinc phosphide having been administered to him.
Some time in the middle of April, 1966, Gurdial Singh lost Rs.
At the trial she pleaded number guilty.
Relying on their evidence the Trial Court found the prosecution story of administering poison to the three children by the appellant proved.
Nor did he place any reliance on the evidence of Sita Singh, P.W. 12 who was selling vegetables in the lane at the time of the occurrence.
They were Dr. Moti Singh and Dr. Ahluwalia.
The High Court dismissed the appellants appeal, maintained her companyviction and sentence under Section 328, allowed the Government appeal and companyvicted her under Section 302 of the Penal Code also.
He further stated when referred to Modis Medical Jurisprudence that zinc phosphide being a very fine powder adheres very firmly to the crypts in the mucous membrane of the stomach.
On the question of the appellants giving the poisoned gur to the three children the trial Judge did number believe the evidence of P.Ws Gurdial Singh and Karnail Singh.
110/ from his house and suspected that the appellant had companymitted the theft of the money.
Maghar Singh and Jalaura Singh improved and were discharged from the hospital but the companydition of Ranjit Singh became worse and he died on the 4th May, 1966 at about 11.45 a m. The appellant was prosecuted for administering poison to the three children and causing the death of one of them by such poisoning.
He .approached the Gram Panchayat who made Narain Singh, the appellants father, pay a sum of Rs.
The three children were admitted in the hospital as cases of suspected poisoning.
The sentences have been directed to run companycurrently.
On obtaining special leave as also under the Supreme Court Enlargement of Jurisdiction Act, 1970, the present appeal has been preferred.
Their stomachs were washed.
The two surviving children were examined as P.Ws 10 and 11.
The poison was zinc phosphide.
He advised Gurdial Singh and others to take the children to Moga Hospital.
50/ to Gurdial Singh.
The appellant, therefore is said to have borne grudge against Gurdial Singh and his helpers.
L. Untawalia, J. Mst.
The learned additional Sessions Judge.
Phino the sole appellant in this appeal was living with her father Narain Singh in village Ramuwala Nawan as her husband was serving in the Army.
The evidence of Dr. Balbir Singh has rightly been criticised by the High Court as also by the Trial Court.
He opined that death of Ranjit Singh companyld have resulted from zinc phosphide but he companyld number rule out the possibility of his death due to some virus infection.
She was on visiting terms with Gurdial Singh of the same village who was examined as prosecution witness No.
