G.N. Ray ORDER
1. Heard learned Counsels for the parties.
2. This appeal pursuant to the special leave granted, is directed against the judgment of Punjab and Haryana High Court. There are two appellants, viz., Lakhjit Singh (original accused 1) and Sukhpal Kaur (original accused 2). These two appellants, along with one Vir Singh (original accused 3) were tried for offence punishable under Section 302 Indian Penal Code and convicted by the trial Court and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 2,000 and in default to undergo further rigorous imprisonment for six months. All of them preferred an appeal, but the High Court acquitted Vir Singh (A-3) and confirmed the convictions of the two appellants.
3. Appellant 1 is the son of appellant 2 and Vir Singh (A-3). They are the residents of Village Abul Khurana in Faridkot District. The deceased Kailo was the wife of Lakhjit Singh (A-1). On February 16, 1981, the marriage between Lakhjit Singh and the deceased took place. According to the prosecution, the three accused were demanding dowry and they used to ill-treat the deceased. About 18/19 days prior to the occurrence, the deceased went to her parent's house. On July 19, 1981, the husband went to his in-law's house to bring his wife back to his own house and on July 22, 1981, he returned to his village along with the deceased. On July 25, 1981, the deceased complained of pain and Lakhjit Singh, the husband called a doctor (PW 3) for treatment who gave her an injection. Thereafter, they took the deceased to Malout Mandi to Dr. Goyal (PW 1) for her treatment. He examined her and told that the deceased suffered a heart-attack and expired. They brought back the dead body to their house. Then the husband himself made a complaint to the Sub-Inspector who happened to be present there in the village. An inquest was held and the dead body was sent for post-mortem. Doctor (PW 2) who conducted the post-mortem sent the viscera to the chemical examiner. The report revealed that organo-phosphorus compound was found in the stomach, small intestines, large intestines, liver, spleen, kidney and brain of the deceased. On receipt of the report, a formal F.I.R. was recorded and a case registered under Section 306 Indian Penal Code. When the case came up for trial, a charge was framed under Section 302 Indian Penal Code and they proceeded with the trial. Regarding the motive, viz., the cruelty part of it, PWs 4 and 5 were examined. The other main witnesses are the doctors. The accused pleaded not guilty. The trial Court taking the circumstances into consideration and relying on the post-mortem evidence as well as the chemical examiner's report, held that it was a case of poisoning and the circumstances were enough to convict all the three accused and accordingly convicted them. All of them preferred an appeal to the High Court and the High Court while acquitting A-3 the father-in-law of the deceased confirmed the convictions of the two appellants - the husband and the mother-in-law of the deceased. Hence, this appeal is by two convicted-accused.
4. The learned Counsel for the appellants submits that both the Courts mainly on suspicion and conjecture have reached the conclusion that two appellants were responsible for administering poison to the deceased and that it could be a case of accidental death or at the most, suicide, and, at any rate, there is no evidence whatsoever that the two accused were harassing her and, therefore, question of