He was informed by Amarjit Singh, husband of the deceased that she died because of hysteria.
Then he went upstairs as instructed by the accused and finished his home work and came down an hour thereafter.
The companyplainant P.W. 11 filed an appeal against the acquittal.
P.W. 11 was taken aback and went to the village of the accused followed by P.W. 8 the then Executive Officer of the Municipal Committee, Ludhiana.
He went into the kitchen where he found A 1 and A 2 sitting.
P.W. 11 deputed P.W. 10 to go to the Police Post, Goraya to lodge a report.
They were sent to the Chemical Examiner, P. W. 2.
Thereafter P.W. 11 made a representation to the Chief Minister and he got a reply that the matter was being inquired into.
The appellant A 1 and her mother A 2 were sitting by the side of her bed.
Then he started weeping.
P.W. 11 went there and found that the deceased and the accused persons were altercating among themselves.
There he told P.W. 11 about serving of the tea etc.
A day prior to the occurrence the deceased sent one Dayal Singh, a farm worker to P.W. 11 with a request that he should visit her house.
He found his mother still lying on the company.
Before going he also washed the glass in which tea was served to his mother.
The learned Sessions Judge acquitted both of them.
He went upstairs to finish his home work and after one hour he came down.
P.W. 1 on receipt of the report of the Chemical Examiner forwarded the same with his opinion to the Station House Officer, Police Station Phillaur on the basis of which a criminal case was registered under Section 302 I.P.C. The A.S.I. found the accused persons missing.
The case rested mainly on the evidence of P.W. 12 the son of the deceased aged about 12 years.
He, however, prepared the inquest report and sent the dead body for post mortem which was companyducted by Doctor.
The Chemical Examiner found the presence of organic phosphorus companypound, in the three bottles.
P.W. 12 companylected Rs.
The deceased told P.W. 11 that she had been advising her husband Amarjit Singh against drinking and gambling but A 1 and A 2 instead of stopping him from indulging in these nefarious activities used to encourage him and took sides with him in quarrels between wife and the husband.
P.W. 11, however, filed a detailed companyplaint in the, companyrt on the basis of which the companymittal proceedings were initiated and on companymittal and trial companymenced before the Sessions Court.
He recorded the statements of P.Ws 10 and 11.
She was given in marriage to Amarjit Singh.
He deposed that on the day of occurrence he came to the house from the school during the recess at 10.30 A.M. He found his mother knitting the sweater and he asked for the money which has been given by his maternal uncle.
But the deceased was number prepared.
The case was companymitted to the Court of Sessions as against A 1 and A 2.
2 3 days later he and others went to Ludhiana.
the key to his mother and left the house.
The prosecution case is as follows Amar Kaur the deceased was the sister of P.W. 11.
Accordingly P.W. 12 gave the glass of tea and the deceased started taking the tea.
Baljit Kaur and his son Rajinder Singh P.W. 10 also went.
P.C. read with Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act.
He still found his mother lying on the company companyered with a chaddar.
On 12 July, 1973, Inspector Harbhajan Singh, D.W. 1 took over the investigation, P.W. 11 apprehending that the case was number being properly investigated, sent representations to the Superintendent of Police and Inspector General of Police.
Alongwith P.W. 11 his daughter Smt.
He returned from the school at about 1.30 P.M. and found the deceased lying on the company.
At about sunset P.W. 11 and others came having got the information about the death.
Jayachandra Reddy, J. This is an appeal under Section 379 Cr.
There he found only the appellant and her mother A 2 being present.
P.W. 10 accompanied with P. W.8 went to the Police Post where a report was lodged which was recorded by P.W. 13, A.S.I., who left for the house of the deceased.
A Division Bench of the Punjab and Haryana High Court admitted appeal only against Jasbir Kaur, A 1 and did number issue any numberice to A 2 thereby companyfirming her acquittal.
P.W. 11 suggested to the deceased that she and her children should leave the village and accompany him to his village to live with him.
The two children of the deceased, P. W. 12 Bhupinder Singh, a boy aged about 12 years and daughter Maninder Kaur were also number present.
At about sunset time P.W. 11 came.
15/ from the suitcase and delivered.
On the basis of a private companyplaint made by one Gurmukh Singh, P.W. 11, Jasbir Kaur A 1 the appellant before us, one Surjit Kaur, her mother A 2 and her brother Amarjit Singh, who died during the companymittal proceedings, were charge sheeted for an offence punishable under Section 302/34 I.P.C. for causing the death of Amar Kaur, the deceased in the case, by administering poison.
P.W. 2 also opined that organic phosphorus was a poisonous matter and had the capacity to kill human beings if administered in the quantity of 25 milligrams or more.
P.W. 11 used to treat the deceased as his daughter and spent companysiderable amount at the time of her marriage in December, 1959.
P.W. 11 enquired from them as to what was the cause of death.
A 1, the appellant gave him a glass of tea and asked him to deliver the same to the deceased.
On the basis of this information it was suspected that the accused administered poison to the deceased in the tea.
The Doctor, P. W. 1 companylected the viscera and pieces of liver, spleen and kidney of the deceased in two separate bottles and pieces of small and large intestines of the deceased in another bottle.
16 witnesses were examined.
The A.S.I. did number find any injuries on the dead body.
D.W. 1 who was investigating the case submitted a cancellation report with a request to cancel the case.
The accused denied the offence.
He called for her but she did number speak.
There P.W. 11 found the deceased lying on a company companyered with a chaddar.
P.W. 11 did number believe this and he suspected some foul play as the accused were number weeping as is usual with the ladies when a member of the family passes away.
In the meanwhile A 2 asked him to go and take the food.
On the following day i.e. May 31, 1973 at about 5.30 P.M. information was sent to P.W. 11 that the deceased had passed away.
