Total Pageviews

Wednesday, March 10, 2010

Murder--Bail--Deceased husband having strained relations with his wife-petitioner

2010(1) LAW HERALD (P&H) 217
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Kanwaljit Singh Ahluwalia
Criminal Misc. No. M-10103 of 2009
Gursharan Kaur
v.
State of Haryana
{Decided on 20/04/2009}
For the Petitioner: Mr. Robin Dutt, Advocate.
Criminal Procedure Code, 1973, S.439--Evidence Act, 1872, S.106--Indian Penal Code, 1860, S.328, 302 & 34--Murder--Bail--Deceased husband having strained relations with his wife-petitioner--He had gone to visit his in laws where his wife was staying--Husband found dead in the morning--Chemical examiner opined that cause of death is pesticide--Section 106 of the Indian Evidence Act cast onus upon the petitioner to explain as to how a living man turned into corpus--Explanation given in the petition that deceased was a tobacco addict and used to consume other intoxicants, therefore, has died, cannot be accepted--Deceased died within four walls of house which was in possession of petitioner--Bail application dismissed. (P.2 & 5)