JANGIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 19.9.2000 by which the learned Additional Sessions Judge, Sirsa convicted the Appellant under Section 328 IPC and imposed sentence to undergo R.I. for a term of 3 years and to pay a fine of 1000/- or in default of payment to further undergo R.I. For six months.

(2.) In short, brief facts of the case are that Lajju Ram alias Najju Ram, PW6, complainant was administered some poisonous substance by the Appellant, Jangir Singh, at about 10.30 a.m. on 18.8.1996 at the shop of Bhagwan Dass, PW7, where he was then working as a tailor. It is alleged that the Appellant, Jangir Singh, prepared a couple of cups of tea out of which he served one cup to Lajju Ram alias Najju Ram. Bhagwan Dass, PW7, also arrived at the shop. Lajju Ram took one sip of tea and found that some small globular in his mouth. He took it out from his mouth and vomited. Bhagwan Dass, PW7, immediately removed the injured to the hospital where Bhajan Lal, PW13, opined that it was some type of poison. Thereafter, he was shifted to the Civil Hospital, Sirsa, for further medical treatment. The motive behind serving this was stated to be the dispute regarding possession of land. Therefore, Jangir Singh, Appellant was nursing a grudge against him and, therefore, administered poison to Lajju Ram, the complainant.

(3.) Shri G.S. Kotla, the Chief Judicial Magistrate, PW1, recorded the statement under Section 164 Code of Criminal Procedure on the police application, Ex.PA. The accused was arrested on 22.8.1996. The samples of the substance were sent for chemical examination. After completion of the investigation, the challan against the Appellant was presented. The learned Judicial Magistrate 1st Class, Sirsa, committed the case to the Court of Sessions for trial vide order dated 10.1.1997.