PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was convicted for an offence under Section 308 of the Indian Penal Code ("IPC"- for short) vide judgment dated 12.9.1998 by the Additional Sessions Judge, Rohtak. Vide order dated 14.9.1998, the appellant was sentenced to undergo rigorous imprisonment for a period of three years and a fine of Rs.2,000/- . Hence, the present appeal.

(2.) Prosecution case, as noticed by the trial Court in para No. 2 of its judgment, is reproduced herein below:-

(3.) On medical examination of the complainant as per MLR Ex.PL, it was a case of suspected poisoning. Blood sample of the complainant was taken and its sealed parcel with sample seal and copy of MLR and with ruqqa Ex.PD was sent to the police post of PGIMS Rohtak, from where telephonic message was sent to Police Station Saddar Rohtak and thereupon HC Sukhbir Singh collected ruqqa and MLR etc. from the aforesaid police post and then went to the hospital and made application Ex.PE on which doctor gave opinion Ex.PE/1 that patient Rajpal was fit to give statement. Thereupon statement Ex.PA of Rajpal was recorded regarding the occurrence. He added that he was administered poison by the accused so as to kill him. On this statement, present FIR Ex.PA/2 was registered. Rough site plan Ex.PF was prepared. Statements of witnesses were recorded. Blood sample with sample seal etc. was taken into possession vide memo Ex.PG. Scaled site plan Ex.PJ was got prepared. The accused was arrested on 8.7.1996. Blood sample was sent to FSL Madhuban. As report Ex.PC received from there, organophosphorus pesticide and traces of ethyl alcohol were detected in the blood sample.