A.K. Goel, J. - (1.) The State is aggrieved by acquittal of the respondents of the charge under Ss. 302/34 IPC.
(2.) Case of the prosecution, as narrated by Prem Kumar (PW -4), is that on 13.09.1998, deceased Amar Singh brother of Prem Kumar, met him at the brick kiln of Pawan Kumar and told him that the accused Reshma, wife of the deceased, used to quarrel with him. She used to get treatment from Mangal Baba, which was being objected by the deceased. The deceased wanted Prem Kumar to counsel the accused Reshma. On next day, Prem Kumar went to the house of the deceased at 8/8.15 A.M. When he went to the house of the deceased, the deceased was found dead. He found stab wound on the neck of the deceased and signs of vomiting. He went to the police station and gave statement (Ex. PH) and came back to the place of occurrence along with SI/SHO Darshan Singh (PW -11), who prepared inquest report, lifted signs of vomiting and got conducted post -mortem examination. PW -11 SI Darshan Singh arrested the accused Reshma and recorded her disclosure -statement, which led to recovery of blood -stained kirch (Ex. P -1) behind her residential house. He also arrested the accused Mangal Singh and after investigation, challaned both the accused. Dr. Sarbjit Singh Sandhu (PW -1) conducted the post -mortem examination on the dead body on 14.9.1998 at 4.20 P.M. and found following injuries: An incised wound measuring 9 x 2 cm was present on the neck in its middle, obliquely placed. Clotted blood was present. On dissection of the neck layer by layer, there was cut in the vessels muscles, trachea nerves and esophagus. Clotted blood was present. Larynx, both the lungs, liver spleen kidneys and stomach were congested. Stomach contained about 150 cc of semi -digested food.
(3.) However, he did not given the cause of death immediately till the receipt of report of chemical examiner. The report was received on 27.11.1998 and no poison was detected. He gave the cause of death to be shock and asphyxia as a result of injury No. 1, which was ante -mortem and sufficient to cause death in the ordinary course of nature.;