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CRM No. 60289 of 2012 After hearing counsel for the applicant, application is allowed. Delay of 38 days in filing the appeal stands condoned. CRM-A No. 817-MA of 2012 Respondent No.2 is sister-in-law of the applicant (brother's wife). The applicant is accusing her of killing his son, namely, Sewak Singh by administering poison to him. Sewak Singh died on 10.5.2011. His dead body was cremated without getting any post mortem done. Statement to the police, levelling serious allegations against respondent No.2, was made on 14.6.2011. After trial, respondent No.2 was acquitted.

The applicant has filed this application under Section 378 (4) Cr.P.C. seeking leave to file an appeal against judgment dated 7.6.2012. CRM No. 60289 of 2012 in/and As per case of the prosecution, applicant Gurjant Singh PW-1 met SI Karamjit Singh on 14.6.2011, when he was on patrol duty in the area of village Nandgarh and got recorded his statement.

The trial Judge has noted the following facts regarding case of the prosecution :-

"That he is resident of village Jangirana and is an agriculturist by profession. They are two brothers and a sister. He has been married with Palo Kaur daughter of Joginder Singh, resident of village Bajak, for the last about eleven years. His brother Labh Sigh is married with Veerpal Kaur daughter of Gurcharan Singh, resident of village Deon for the last about 12-13 years. There used to remain a dispute between his brother Labh Singh and his wife Veerpal Kaur, as Veerpal Kaur was insisting to live separately. Veerpal Kaur often used to quarrel with them. On 10.5.2011, when his son, namely, Sewak Singh came from the school, Veerpal Kaur served a glass of lemon drink to him and after consuming the same Sewak Singh became unconscious and felt pain in his stomach and started vomiting. Accordingly, doctor was called, who administered some medicines to Sewak Singh. When the condition of Sewak Singh did not improve, he and his brother Labh Singh were about to take Sewak Singh to a hospital at Gidderbaha for treatment and it was about 7.00-7.15 A.M., Veerpal Kaur brought a glass of Lassi from the kitchen after stirring something in the glass with a spoon and gave the same to Sewak Singh, on consuming the same Sewak Singh felt bad. On his asking, Sewak Singh told them that there was something bitter in the Lassi. When they asked about the same from Veerpal kaur, she replied that there was nothing, but only black pepper in the Lassi. Thereafter, they took Sewak Singh to the hospital on the scooter. However, on the CRM No. 60289 of 2012 in/and way the condition of Sewak Singh started deteriorating and became unconscious. The doctor of Bikaner Hospital, Gidderbaha declared Sewak Singh brought dead. Accordingly, they brought the dead body of Sewak Singh to their village and cremated the same. They are of the firm belief that Veerpal Kaur in order to create dispute between the two brothers, had administered some poisonous substance to Sewak Singh by putting the same in the lemon drink and Lassi. On the next day of the cremation, when they were collecting mortal remains of Sewak Singh, Veerpal Kaur asked them to pick up the whole ash. Accordingly, they put the same in a gunny bag and at the time of immersing mortal remains of Sewak Singh, Veerpal Kaur managed to throw the ash in the canal also. On return to their house, Veerpal Kaur put the clothes of Sewak Singh, which were smeared with vomiting, on fire in their presence. These acts of Veerpal Kaur affirmed their suspicion. On the day of Bhog ceremony, when they were disclosing their suspicion to their relatives, Veerpal Kaur put herself on the cot on the pretext of head-ach. He further got it recorded that his wife Smt. Palo Kaur and Harchand Singh told them that Veerpal Kaur was stating that since Sewak Singh has been murdered and as such now they would live separately from each other."

By stating as above, suspicion was raised against respondent No.2 that she had killed Sewak Singh in the manner as noted above. The Investigating Officer SI Karamjit Singh PW-8, went to the place of occurrence, prepared rough site plan with correct marginal notes. From cremation ground, he lifted ashes of burnt body of Sewak Singh, which was taken into possession against a recovery memo. Respondent No. 2 was arrested on 17.6.2011. As per Chemical Examiner's Report, death had CRM No. 60289 of 2012 in/and occurred due to Chloro Compound Poison, a group of Insecticides. The Investigating Officer recorded statements of the witnesses and on completion of the investigation, final report was put in court. Copies of the documents were supplied to the respondent/accused as per norms. Case was committed to the competent Court for trial on 23.9.2011. The respondent/accused was charge sheeted to which she pleaded not guilty and claimed trial. The prosecution produced 9 witnesses and also brought on record documentary evidence to prove its case.

It is case of the prosecution that from the very beginning, the respondent-accused was a suspect. If that was so, why action was not taken after getting the post mortem of Sewak Singh done. Why dead body was allowed to be cremated, that too, at the instance of respondent/ accused? Even the clothes of the deceased were burnt at her instance. At CRM No. 60289 of 2012 in/and no time, doctor who examined the deceased, was intimated that any poison was administered to the deceased. The prosecution has also failed to bring any motive on the part of the respondent-accused, to commit the crime.