{"id":184559,"date":"2009-10-29T00:00:00","date_gmt":"2009-10-28T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/rajbir-singh-vs-the-state-of-punjab-on-29-october-2009"},"modified":"2019-01-26T20:22:02","modified_gmt":"2019-01-26T14:52:02","slug":"rajbir-singh-vs-the-state-of-punjab-on-29-october-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/rajbir-singh-vs-the-state-of-punjab-on-29-october-2009","title":{"rendered":"Rajbir Singh vs The State Of Punjab on 29 October, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Rajbir Singh vs The State Of Punjab on 29 October, 2009<\/div>\n
Criminal Appeal No.355-DB of 2005                            -1-\n\n\n\n\nIN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.\n\n\n\n\nRajbir Singh                                        APPELLANT\n\n\n                          VERSUS\n\n\nThe State of Punjab                                 RESPONDENT\n\n\n\n\nCORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL\n        HON'BLE MR.JUSTICE RAM CHAND GUPTA\n\n\n\nPresent:-    Shri T.S.Sangha, Senior Advocate with Shri H.S.Sangha,\n             Advocate for the appellant.\n\n             Ms.Gurvin H.Singh, Additional A.G. Punjab.\n\n\n\n\nMEHTAB S.GILL, J.\n<\/pre>\n
             This is appeal against the judgment\/order 8.4.2005 of the learned<\/p>\n
Sessions Judge, Bhatinda, whereby he convicted appellant Rajbir Singh son of<\/p>\n
Jasbir Singh under Section 302 I.P.C. and sentenced him to undergo imprisonment<\/p>\n
for life and to pay a fine of Rs.1000\/-, in default, to further undergo RI for 3<\/p>\n
months.\n<\/p>\n
             The case of the prosecution is unfolded by the statement Ex.PA<\/p>\n
given by Joginder Singh son of Jit Singh. Joginder Singh stated that he is a
\n Criminal Appeal No.355-DB of 2005                                 -2-<\/span><\/p>\n
resident of Street No.3, Paras Ram Nagar, near Gurudwara Bachitter Singh<\/p>\n
Bhatinda and is running a grocery shop in the house. He has two sons, namely<\/p>\n
Gursaran Singh and Sukhdarshan Singh. He along with his wife Kuldeep Kaur<\/p>\n
alias Bhajno are residing together. Rajbir Singh son of Jasbir Singh is residing<\/p>\n
near their house. Rajbir Singh was an employee in the Railway Department and<\/p>\n
was also running a dairy farm and selling milk. His wife Sheela used to help him<\/p>\n
out. Joginder Singh used to take milk from Rajbir Singh in the morning. Rajbir<\/p>\n
Singh had borrowed a sum of Rs.1 lac from the appellant, by executing a Pronote<\/p>\n
for the purchase of buffaloes about 7\/8 months prior to the occurrence. Joginder<\/p>\n
Singh along with his wife demanded this amount back from Rajbir Singh who<\/p>\n
promised to pay it by Monday i.e. the date of the occurrence. On 18.9.2000 at<\/p>\n
about 7.45 a.m., Gursaran Singh son of Joginder Singh went to fetch 1 kg. of milk<\/p>\n
from the house of Rajbir Singh. Rajbir Singh and his wife Sheela were present in<\/p>\n
the house. Gursaran Singh got the milk and kept it in his refrigerator. At about<\/p>\n
12.30 p.m. Joginder Singh’s wife, Kuldeep Kaur started feeling uncomfortable and<\/p>\n
she asked for a glass of milk. Joginder Singh took out some milk from the jug<\/p>\n
lying in the refrigerator and after boiling it, he gave the glass to his wife. Kuldeep<\/p>\n
Kaur after drinking a part of the milk, remarked, that the taste of milk was bitter<\/p>\n
and it seemed that there was some defect in the milk. Joginder Singh then smelt<\/p>\n
the milk and he also smelt a pungent odour . Kuldeep Kaur felt restless and she<\/p>\n
felt irritation on her lips. Joginder Singh called his son Gursaran Singh from the<\/p>\n
shop and sent his wife to the Government Hospital with Gursaran Singh on his<\/p>\n
scooter. Joginder Singh also followed them. When Kuldeep Kaur reached the<\/p>\n
Hospital, her condition worsened. From there she was referred to Civil Hospital,<\/p>\n
Bhatinda, but she passed away at Civil Hospital, Bhatinda. Joginder Singh was<\/p>\n
sure that Rajbir Singh and his wife had mixed some poisonous substance in his<\/p>\n
milk to eliminate his family.\n<\/p>\n
 Criminal Appeal No.355-DB of 2005                               -3-<\/span><\/p>\n
             Rajbir Singh had a grudge against Joginder Singh and his family as<\/p>\n
Joginder Singh was demanding RS.1 lac back from Rajbir Singh. Rajbir Singh was<\/p>\n
making all sorts of excuses not to return the amount.\n<\/p>\n
             On the basis of this statement, F.I.R. Ex.PA\/2 was registered on<\/p>\n
18.9.2000 at 7.15 p.m. and the special report reached the J.M.I.C., Bhatinda on<\/p>\n
19.9.2000 at 7 a.m.<\/p>\n
             The prosecution to prove its case, brought into the witness-box<\/p>\n
Joginder Singh PW-1, Gursharan Singh PW-2, Balwinder Singh PW-3, Dr.Avtar<\/p>\n
Singh Dhillon PW-4, HC Kapur Chand PW-5, HC Darshan Singh PW-6, SI<\/p>\n
Balwant Singh PW-7, SI Manjit Singh PW-8, ASI Kuldeep Singh PW-9, HC<\/p>\n
Satpal Singh PW-10, Constable Paramjit Singh PW-11 and Dr.K.S.Brar PW-12.<\/p>\n
             Learned counsel for the appellant has argued, that it has come in the<\/p>\n
evidence of Gursharan Singh PW-2 that he went to get the milk at 4.40 a.m. on<\/p>\n
18.9.2000. Joginder Singh PW-1 served the milk to his wife at 12.30 p.m. If the<\/p>\n
milk had been poisoned with some pesticide, there would have been a lot of smell<\/p>\n
in the refrigerator and also when the milk was being boiled in the kitchen.<\/p>\n
             It has come in the evidence of Dr.Avtar Singh Dhillon PW-4 that<\/p>\n
Organo Phosphorus gives a foul smell. If the stomach is opened, then smell<\/p>\n
comes, in case it is found to be a case of Organo Phosphorus poison. Dr.Avtar<\/p>\n
Singh Dhillon PW-4, did not smell any pungent odour, as there was no odd smell<\/p>\n
after he opened the stomach and that is why he has not mentioned it, in the post-<\/p>\n
mortem report, Ex.PC. He has further stated that if a person stands at a distance<\/p>\n
and Organo Phosphorus is put into milk, there will be a foul smell.<\/p>\n
             It is strange that Joginder Singh PW-1 and Gursharan Singh PW-2<\/p>\n
did not find the odour of the milk to be different than the natural odour, nor did<\/p>\n
deceased Kuldeep Kaur complain regarding smell of the milk, when she was<\/p>\n
taking it.\n<\/p>\n
 Criminal Appeal No.355-DB of 2005                               -4-<\/span><\/p>\n
              The motive for the commission of the offence is very trivial. This<\/p>\n
motive cannot be believed. The prosecution has tried to establish, that as per the<\/p>\n
Pronote Mark A, appellant Rajbir Singh had borrowed RS.1 lac for the purchase of<\/p>\n
buffaloes.\n<\/p>\n
              Nothing has been stated in the statement of the witnesses that<\/p>\n
appellant could not pay his committees as it has been tried to make out by the<\/p>\n
prosecution, that appellant was in need of money. Joginder Singh PW-1 has stated<\/p>\n
that appellant Rajbir Singh was a member of 5 committees. He did not pay the<\/p>\n
amount of the committees and further, he has stated that Pronote Mark A has not<\/p>\n
been executed because of non-payment of the amount of committees.<\/p>\n
              Taking the ocular account and the medical evidence into<\/p>\n
consideration, it comes out that Kuldeep Kaur committed suicide for some sort of<\/p>\n
dispute\/crisis going on in the house.\n<\/p>\n
              The Investigating Officer SI Balwant Singh PW-7 has stated that<\/p>\n
when the milk was being boiled, it gave a pungent odour.\n<\/p>\n
              It has come in the evidence of Gursharan Singh PW-2 that 1 kg. of<\/p>\n
milk given to him was from the general milk which was also being supplied to<\/p>\n
other persons. The Investigating Officer has not gone into this aspect as to how the<\/p>\n
pesticides had reached the appellant’s house. No evidence has come before the<\/p>\n
Court regarding the pesticide being in possession of the appellant. No investigation<\/p>\n
has been done on this aspect of the poison being mixed in the jug by the appellant.<\/p>\n
              Learned counsel for the State has argued that as per the Pronote mark<\/p>\n
A which is written in Punjabi, it comes out that the amount of Rs.1 lac was given<\/p>\n
on loan by Joginder Singh PW-1 to appellant Rajbir Singh for the purchase of<\/p>\n
buffaloes.   There is no mention of the committees in the Pronote mark A.<\/p>\n
Appellant was not returning the amount of Rs.1 lac to Joginder Singh PW-1 and he<\/p>\n
came up with this idea of eliminating the whole family by putting poisonous
\n Criminal Appeal No.355-DB of 2005                               -5-<\/span><\/p>\n
substance like organo phosphorus in the milk of the complainant party.<\/p>\n
              Joginder Singh PW-1 took the milk from appellant daily, as the<\/p>\n
appellant was running a dairy farm and supplying milk to other persons also.<\/p>\n
              Appellant wanted to finish off the whole family, so that he would not<\/p>\n
return the Rs.1 lac. Dr.K.S.Brar PW-12 who referred Kuldeep Kaur to Civil<\/p>\n
Hospital, Bhatinda, has stated that there was symptom of poison which he could<\/p>\n
detect. The Chemical Examiner’s report Exs.PF and PQ both point out, that the<\/p>\n
milk had symptom of organo phosphorus, which is a poison.<\/p>\n
              There is no delay in lodging of the F.I.R. The occurrence took place<\/p>\n
at 7.45 a.m. on 18.9.2000 and the F.I.R. Ex.PA\/2 came into existence on the same<\/p>\n
day at 7.15 p.m. The special report reached the J.M.I.C., Bhatinda at 7 a.m. on<\/p>\n
19.9.2000. Delay, if any, has been adequately explained, that first Gursharan<\/p>\n
Singh PW-2 thought it to be a case of minor poison, and he took his mother<\/p>\n
Kulddep Kaur to the Child Hospital for treatment. Seeing the condition of Kuldeep<\/p>\n
Kaur deteriorating, Dr.K.S.Brar PW-12 referred her to Civil Hospital, Bhatinda<\/p>\n
where she breathed her last.\n<\/p>\n
              We have heard the learned counsel for the parties and perused the<\/p>\n
record with their assistance.\n<\/p>\n
              The sequence of events has developed in such a manner as stated by<\/p>\n
Joginder Singh PW-1 and Gursharan Singh PW-2 which leaves us in no doubt that<\/p>\n
it is appellant Rajbir Singh who committed the murder of Kuldeep Kaur alias<\/p>\n
Bhajno.\n<\/p>\n
              At 4.40 a.m. on 18.9.2000 Gursharan Singh PW-2 went to the house<\/p>\n
of appellant Rajbir Singh to get 1 kg. of milk, as usual, which he used to do so<\/p>\n
everyday. In his testimony before the Court, Gursharan Singh PW-2 stated, that<\/p>\n
on 18.9.2000 he brought 1 kg. of milk from the house of appellant Rajbir Singh in<\/p>\n
a jug. Sheela wife of Rajbir Singh, the acquitted accused, had taken the jug from
\n Criminal Appeal No.355-DB of 2005                                -6-<\/span><\/p>\n
him and then both appellant Rajbir Singh and Sheela went inside the house. After<\/p>\n
sometime, appellant Rajbir Singh brought the milk of jug from inside and handed<\/p>\n
it over to him. He came home and put the jug in the refrigerator. From the<\/p>\n
statement of Gursharan Singh PW-2, it is clear that he did not know as to what<\/p>\n
appellant did and as to what he put in the milk, when appellant took the jug from<\/p>\n
Gursharan Singh PW-2 and went inside the house to get the milk. The milk was<\/p>\n
not poured in the jug, in front of Gursharan Singh PW-2. It was at 12.30 p.m. that<\/p>\n
when he was called by his father, that they realized, that there was something<\/p>\n
mixed in the milk when his mother Kuldeep Kaur took some milk.<\/p>\n
                Similarly, Joginder Singh PW-1 has stated in his testimony before the<\/p>\n
Court, that the house of appellant Rajbir Singh is about 7\/8 houses away from his<\/p>\n
house. He used to get milk from the appellant everyday. On 18.9.2000 he sent<\/p>\n
Gursharan Singh PW-2 to get 1 kg. of milk, who brought it and put the same in<\/p>\n
the refrigerator. At about 12.30 p.m. he took about 200\/225 gms. of milk and after<\/p>\n
boiling it, gave it to his wife Kuldeep Kaur to drink. She started feeling uneasy.<\/p>\n
Thereafter she was taken to the hospital by Gursharan Singh PW-2, but she<\/p>\n
breathed her last due to poison in the milk at Civil Hospital, Bhatinda.<\/p>\n
                Dr.Avtar Singh Dhillon PW-4 who prepared the post-mortem report<\/p>\n
Ex.PC, has stated that the probable time that elapsed between death and post-<\/p>\n
mortem was 24 hours. The cause of death of Kuldeep Kaur was due to organo<\/p>\n
phosphorus poisoning, it being a compound of group of insecticides which was<\/p>\n
found in the contents of Exs.1,2 and 3 of the Chemical Examiner’s report Ex.PF.<\/p>\n
As per the report Ex.PF, all the organs of the body i.e. lungs, heart, lever, spleen<\/p>\n
and the kidney of the deceased had organo phosphorus poison in them.<\/p>\n
                As per the Chemical Examiner’s report Ex.PQ, the milk which was<\/p>\n
sent to the Laboratory contained organo phosphorus compound which is a group of<\/p>\n
insecticides.\n<\/p>\n
 Criminal Appeal No.355-DB of 2005                              -7-<\/span><\/p>\n
              It comes out from the ocular account and the medical evidence that<\/p>\n
Kuldeep Kaur died due to consumption of the milk which her son Gursharan Singh<\/p>\n
PW-2 had got from the house of appellant Rajbir Singh. The motive for the<\/p>\n
commission of the offence was that appellant Rajbir Singh had borrowed Rs.1 lac<\/p>\n
from Joginder Singh PW-1 for the purchase of buffaloes which he was not<\/p>\n
returning inspite of Joginder Singh PW-1 asking him to do so. In the Pronote<\/p>\n
mark A, it has been clearly mentioned that the amount of Rs.1 lac was being<\/p>\n
borrowed (cash) for the purpose of purchase of buffaloes. There is no mention in<\/p>\n
pronote mark “A” of the non-payment of the committees by the appellant to<\/p>\n
Joginder Singh PW-1.\n<\/p>\n
              The argument of the learned counsel for the appellant that Kuldeep<\/p>\n
Kaur committed suicide, does not cut much ice. Nothing has come on record that<\/p>\n
the complainant party was in a financial crisis. The son of the deceased Gursharan<\/p>\n
Singh PW-2 had a shop. There is no evidence to this effect that there was a family<\/p>\n
dispute going on in the family of Joginder Singh PW-1.\n<\/p>\n
              With the above discussion and observations, we do not find any<\/p>\n
infirmity in the judgment of the learned trial Court.\n<\/p>\n
              Appeal is dismissed.<\/p>\n
\n\n\n\n                                                 ( MEHTAB S.GILL )\n                                                     JUDGE\n\n\n\n\n                                                 ( RAM CHAND GUPTA )\nOctober 29, 2009                                      JUDGE\nGD\n\n\n\n\n              WHETHER TO BE REFERRED TO REPORTER? YES\/NO\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Rajbir Singh vs The State Of Punjab on 29 October, 2009 Criminal Appeal No.355-DB of 2005 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Rajbir Singh APPELLANT VERSUS The State of Punjab RESPONDENT CORAM : HON’BLE MR.JUSTICE MEHTAB S.GILL HON’BLE MR.JUSTICE RAM CHAND GUPTA Present:- Shri T.S.Sangha, Senior Advocate […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-184559","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nRajbir Singh vs The State Of Punjab on 29 October, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/rajbir-singh-vs-the-state-of-punjab-on-29-october-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Rajbir Singh vs The State Of Punjab on 29 October, 2009 - 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