JAI PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) In this matter the Appellant stands convicted under Section 302 Indian Penal Code for causing death of the deceased by poison. He filed an appeal before the High Court of Punjab and Haryana and applied for suspension of sentence and releasing him on bail. The Division Bench of the High Court while refusing to suspend the sentence has ordered the appeal to be expedited and to be listed within one year. It is that order which is now challenged before us.

(3.) Mr Jaspal Singh, learned senior Counsel for the Appellant invited our attention to the report of the Forensic Science Laboratory which after scientifically analysing the viscera and the stomach contents reported that there was no poison detected. However, vomit collected from the scene when subjected to analysis in the laboratory poison was detected. Learned Counsel seriously contended that as the deceased was not shown to have died due to the poisoning this is a case which is eminently fit for suspending the sentence.