LAWS(P&H)-2013-7-204

GAURI SHANKAR Vs. STATE OF PUNJAB

Decided On July 23, 2013
GAURI SHANKAR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 12.09.2006 passed by the Addl. Sessions Judge, Patiala vide which the appellants-accused - Gauri Shankar and Meena @ Manjit Kaur have been convicted under Sections 302 and 34 IPC in case FIR No. 256 dated 27.06.2003 registered at Police Station Samana, District Patiala. Both the accused were sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/- each under Section 302 IPC and in default of payment of fine to further undergo rigorous imprisonment for a period of three months. Aggrieved by the judgment, the appellants have preferred this appeal.

(2.) The facts as deduced from the evidence are that Karnail Singh got married very late in his life to Meena @ Manjit Kaur (appellant No. 2). Karnail Singh worked for Dev Raj and used to look after the buffaloes and was living in the sheller. Gauri Shankar appellant No. 1 used to meet Meena @ Manjit Kaur. They had illicit relations to which Kamail Singh objected. Karnail Singh had asked Gauri Shankar not to come to his house over which Meena @ Manjit Kaur often used to quarrel and had beaten Karnail Singh. On 26.06.2003 Puran Singh, brother of Karnail Singh accompanied by Jeet Singh, Numberdar went to the sheller to hand over the lease money to Karnail Singh. They found Karnail Singh and Gauri Shankar taking liquor, Meena @ Manjit Kaur was preparing meat. Gauri Shankar put liquor in two glasses and offered it to the complainant and the Numberdar, which they refused. As night fell, Gauri Shankar opened the second nip and poured it in two glasses. On the pretext of adding ice, he went near the tubewell. The complainant saw Gauri Shankar removing poison from a black polythene, which was handed over by Meena @ Manjit Kaur. It was added in the liquor and it was later served to Karnail Singh. The complainant asked the appellants as to what was added from the envelop, Meena had replied that they had added ice water. The liquor was consumed by Karnail Singh. Few minutes later, he started vomiting and got loose motions. Meantime, Dev Raj, owner of the sheller also arrived. The condition of Karnail Singh started deteriorating. The complainant-Puran Singh and Jeet Singh removed Karnail Singh to Goyal Hospital, Samana on the scooter and Dev Raj accompanied them. Karnail Singh died in the hospital at about 10.00 pm on 26.06.2003. The report was lodged in the police the next day at 10.00 am. The police visited the spot and collected incriminating material. Both the accused were interrogated. Gauri Shankar disclosed that he had purchased pesticides from M/s Sidhu Pesticides Stores vide bill Ex. P-25. Meena @ Manjit Kaur made a separate disclosure statement that she had concealed the container, in the heap of wood and could get it recovered. The viscera was sent to the Chemical Examiner and ethyl alcohol and chloro compound group of insecticide was detected in Ex.I, II, III and IV. The cause of death was stated to be Ethyl alcohol and the insecticide detected in the Exhibits containing viscera.

(3.) Puran Singh - PW-2, Jeet Singh Numberdar and Dev Raj - PW-11 supported the prosecution version. Besides them, the prosecution examined the medical officers and the investigating officer.