- (1.) MANJIT Kaur -appellant has challenged the judgment of conviction and order of sentence dated 26.2.2010, passed by learned Additional Sessions Judge, Ludhiana, vide which she alongwith other two accused, namely, Harjit Singh @ Gora and Ram Narain Thakur was convicted under Section 302 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 1,000/ -, in default thereof, to further undergo rigorous imprisonment for 3 months. The police machinery was set in motion on the statement of the deceased Kulwant Singh @ Gola (Ex.PB) recorded by Manmohan Kumar, Naib Tehsildar, Jagraon at about 2.20 pm on 01.04.2004. The said statement of Kulwant Singh @ Gola reads as under: - "I am the resident of the above address. The police has arrested me many times in the poppy husk cases. About six months ago from today, I brought ten bags of poppy husk for selling but the police arrested me alongwith poppy husk. I was confined to judicial lock up in this case. About 2/3 months back, I absconded from police custody at the time of my peshi in court. Today on 01.04.2004 the police arrested me and confined in police lock up. Today at about 12.30/1 at day time, Manjit w/o Karam Chand Jogi, r/o Rampura Mohalla, Jagraon come to give me food. I took meal in the lock up. Immediately thereafter Thakur resident of New Anaj Mandi, Jagraon with said Goran s/o Surjan Dass, r/o Mohalla Rampura, Jagraon came to see me. They told me that Ludhiana police has come to take me and that they have brought two tablets of intoxicants for me and told me that if I will consume the same, I will be saved from interrogation by Ludhiana police. I took the tablets thinking them to be that of intoxication. I rested. After few moments, I vomited and became motionless. Sentry on guard told this fact to Munshi, who got me admitted in Hospital, Jagraon. Thakur and Gora gave me some poisonous substance on the excuse of intoxication tablets. No police employee compelled me to take these tablets and nor any police man ever beat me. I complain against Gora and Thakur above. Necessary action may be taken."
(2.) THE deceased breathed his last on 02.04.2004. The postmortem examination on the dead body of the deceased was conducted on 03.04.2004 by Dr. R.K.Sharma. On the same day, the dead body was handed over to Manjit Kaur against receipt Ex.PK for funeral. The present appellants were arrested on 06.04.2004, whereas Manjit Kaur was arrested on 09.04.2004 after she made extra judicial confession before Surjit Singh. During interrogation in police custody, Manjit Kaur suffered a disclosure statement Ex.PC on 10.04.2004 and in pursuance of such disclosure statement; she got recovered one vial labeled as 'Quick Phos' with salt name written as 'Aluminum Phosphide 50% (F)' from the disclosed place. Two tablets were found in the said vial after it was opened. Inspector Satnam Singh, the Investigating Officer also joined Tara Singh and Darshan Singh in the investigations in respect of the role of the appellants and Manjit Kaur in causing death of Kulwant Singh. On completion of necessary investigations, both the appellants along with Manjit Kaur were made to stand trial.
(3.) TO prove its case, prosecution examined Surjit Singh (PW1), Manmohan Kumar, Naib Tehsildar (PW2), Anil Kumar (PW3), HC Tirath Singh (PW4), Darshan Singh (PW5), HC Mehar Singh (PW6), HC Gulzar Singh (PW7), Inspector Satnam Singh (PW9), Tara Singh (PW10), Dr. R.K. Sharma (PW11) and closed the evidence. When examined under Section 313 Cr.P.C., accused Manjit Kaur denied the evidence led against her and stated that she has been falsely involved in this case. Infact, Kulwant Singh @ Gola died due to excess torture. Kulwant Singh @ Gola had consumed poison in the police custody and committed suicide. The police, in order to save its skin has falsely involved her in this case. Accused did not lead any evidence in defence.;