KANWALJIT SINGH AHLUWALIA, J. - (1.) BY this common judgment, two criminal appeals i.e. Criminal Appeal No. 804-SB of 1997 preferred by Shunti alias Raja, Om Parkash and Rajni and Criminal Appeal No. 865-SB of 1997 preferred by Om Parkash son of Narpat Ram will be decided.
(2.) BY the common judgment rendered by learned Additional Sessions Judge, Jagadhari, all these four accused i.e. appellants have been convicted and sentenced under Section 306 IPC to undergo rigorous imprisonment for five years and pay a fine of Rs. 1,000/-, in default of which to undergo rigorous imprisonment for three months. Fir Ex.PK was lodged at the instance of Smt. Darshana Devi PW.1. She has stated in the Fir that she has got six sons and two daughters. His eldest son is Uttam Chand and younger to him is Ashok Kumar. Ashok Kumar was married with Rajni, appellant, about three years before the occurrence in Kalyan Nagar, Jagadhari. It is stated that from the marriage two daughters and one son was born. She further stated that Ashok Kumar and Uttam Chand were residing separately with their families. In the Fir, it is stated that Rajni was not having good character and she was having illicit relations with Om Parkash son of Narpat Ram, appellant, Tube-well Operator. Ashok Kumar has seen so many times Rajni and Om Parkash wondering together. Due to this reason, there used to be matrimonial discord. Ten days before the occurrence, Ashok Kumar is stated to have reprimanded his wife Rajni, resultantly she left her matrimonial home and went to her parental house. It is stated that on 2.5.1995 at about 7.30 P.M. complainant Darshana Devi, PW.1, along with her son Ashok Kumar went to parental house of Rajni to bring her back to the matrimonial home. There it is stated that she saw Rajni along with Om Parkash, appellant, Tube-well Operator, upon which Ashok Kumar asked Rajni why she was going with stranger. On this Rajni stated that it is her sweet will to go any where and Ashok Kumar cannot restrain her. It is stated that one Harbans Singh was attracted at the spot and in his presence Om Parkash, Tube-well Operator, told Ashok Kumar if he could not take control upon his wife, then he should die by drowning in the water. It is stated that when altercation was going on, two brothers of Rajni, namely Om Parkash and Raja came there and gave slaps and fist blows to Ashok Kumar, upon which he is stated to have said that the fault is of their sister. It is stated that on the intervention of people, Darshana Devi along with her son Ashok Kumar came back to her house and then Ashok Kumar went out and came back to the house while he was vomiting. He is stated to have taken some poison.
(3.) PROSECUTION examined PW.7 Dr. S.K. Gupta who conducted autopsy on 3.5.1995. He found no external injuries on the body of Ashok Kumar but sent the viscera to Chemical Examiner. After the report of Chemical Examiner Ex.PG, it was opined that death was caused on account of consumption of aluminum phosphide poison. After the report of Chemical Examiner and the opinion of the doctor, report under Section 173 Cr.P.C. was submitted. Accused were committed to the Court of Sessions and learned Additional Sessions Judge, Jagadhari charged them under Section 306 read with Section 34 IPC.;