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Bhupinder Singh-Appellant was prosecuted for the murder of his wife by poisoning. He was sentenced for life imprisonment by the Additional Sessions Judge, Faridkot in Session Case No. 86 of 1983. His conviction and sentence have been affirmed by the Punjab and Haryana High Court in criminal appeal No. 82-DB of 1984. He has preferred this appeal by special leave challenging the conviction and sentence.

We may first advert to the prosecution case. It reveals a sad story. It runs like this: Gian Kaur, the victim in this case is the only daughter of Baltej Singh. Baltej Singh like many other parents thought that his problems would be solved by the marriage of his daughter. He got her married to Bhupinder Singh by spending all his savings. His relatives also contributed for the marriage. But ill-luck would have it, his problems started immediately after the marriage. Bhupinder Singh and his parents wanted Gian Kaur to bring Rs. 10,000 from her father. It was nothing but a demand for dowry. They stopped up their demand with harassment to Gian Kaur. Gian Kaur informed her father. The father could not arrange that much of amount. He had already spent all that he had in connection with her marriage. He had also then given presents in cash and kind to Bhupinder Singh. So he felt helpless. Unmerciful, Bhupinder Singh asked his wife to go back to her parents' house. So she left to seek shelter with her parents. She remained with them for about eight months. But how long the father could keep his married daughter away from her husband. Some parents think that it is a reflection upon them. Baltej Singh also must have thought like that. He somehow arranged Rs.6,000 and sent Gian Kaur to her husband's house. Gian Kaur rejoined her husband upon making the payment of Rs.6,000. That appears to have satisfied Bhupinder Singh for about one year. In the meantime, Gian Kaur had a male child. Naturally there was jubilation for Baltej Singh. He performed the customary Chuchhak ceremony and again gave Rs.4,000 and a buffalo as presents to Bhupinder Singh. Bhupinder Singh ought to have been happy and satisfied. But he was not. It was alleged by the prosecution that this time he demanded a motorcycle. Baltej Singh could not give it. Gian Kaur, as usual, was again the target. It was further alleged by the prosecution that Bhupinder Singh threatened to kill his wife if motorcycle was not given to him. Gian Kaur had kept her father informed about the said demand and the threat.

On July 13, 1983, Gian Kaur died under mysterious circumstances. Upon receiving that information, Baltej Singh with his brother Baldev Singh reached the place in the evening of that day. They saw Gian Kaur, lying dead on a charpai. They suspected foul play. Baltej Singh gave the information to the police narrating all the above events. He informed the police that his daughter was killed by Bhupinder Singh and his parents by administering something to her. On the basis of that information, the F.I.R. was issued. The investigation of the case was taken by A.S.I. (PW 4). The body of Gian Kaur was sent to Dr. Sant Prakash Singh (PW 6) for post-mortem. The Doctor Prakash Singh noticed five minor injuries on the body of the deceased. The brain and other vital organs were also found to be congested. The Doctor sent stomach contents, portions of small intestine, liver, spleen and kidney to the chemical examiner for the purpose of analysis.

The chemical examiner in his report dated September 14, 1983 has stated that an Organo phosphorus compound was found in the substance sent to him for analysis. The investigating officer sent that report for opinion of the Doctor Prakash Singh as to the cause of death of Gian Kaur. The Doctor gave his opinion that the death of Gian Kaur was due to organo phosphorus compound poisoning.

Bhupinder Singh, his father Sher Singh and his mother Mukhtiar Kaur were tried for committing the murder of Gian kaur by administering poison.

The prosecution examined six witnesses and the accused in turn examined one. The trial court after considering the evidence and other material on record held as follows:

The accused had strong motive to get rid of Gian Kaur. Apparently motive for the murder was the inability of Gian Kaur to satisfy the demand for dowry. The death of Gian Kaur was not accidental or suicidal. There was no reason for her to commit suicide. It was also not a death by food poisoning since the accused and deceased shared common food on the fateful night. There was none else in the house on that night except Gian Kaur and the accused. The accused had an opportunity to accomplish their design. The accused must have administered the poison to the victim. The injuries found on the body of the deceased indicated the resistence she must have offered when the poison was administered to her. With these and other conclusions, the trial court finally said: