KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been directed against the order dated 17.7.1996 passed by learned Additional Sessions Judge, Jagadhri vide which the appellant has been sentenced to undergo R.I. for a period of five years and to pay a fine of Rs. 500/- under Section 307 IPC. In default of payment of fine, he was further directed to undergo R.I. for one month. The appellant is further directed to undergo R.I. for five years under Section 328 IPC. Both the sentences were ordered to run concurrently.

(2.) The prosecution story in brief is that on 31.7.1993, Ramesh Chand was called by Krishan Chand to have a talk with regard to agricultural land. On this at about 8.30 p.m. Ramesh Chand went to the house of Krishan Chand where Krishan Chand served him with a glass of milk. While taking a sip of the milk, Ramesh Chand felt smell of kerosene oil. He told Krishan Chand about the same and refused to consume the rest of the milk. On this, Krishan Chand added some more sugar in the milk and insisted Ramesh Chand to drink it. Ramesh Chand again took one sip and left the milk as he could not find it tasty. He kept the glass and started for his house. On the way, he felt giddiness and started vomiting and fell unconscious. He was taken to the hospital of Dr. R.K. Gupta at Yamunanagar by his brother Satish Chand. From there, he was shifted to Civil Hospital, Jagadhari. The doctor sent ruqa Exh. PJ to the police. S.I. Des Raj, went to the Civil Hospital, Jagadhari and moved an application Exh. PK before the doctor to know whether Ramesh Chand was fit to make statement. The doctor opined vide Exh. PK/1 that Ramesh Kumar was fit to make statement and that statement Exh. PF was recorded on the basis of which formal FIR Exh. PF/2 was recorded.

(3.) Krishan Kumar was arrested on 2.8.1993 and made disclosure statement Exh. PB in the presence of Phool Singh, Sarpanch and Puran Singh, Ex-sarpanch. On interrogation, the accused got recovered one vial of Sulphose. The same was taken into possession vide recovery memo Exh. PA. After completion of investigation, challan against the accused was presented in the Court of Illaqa Magistrate. As the case was exclusively triable by the Court of Sessions, it was sent to that Court. On commitment, the case was entrusted to the learned Additional Sessions Judge, Jagadhari. The accused was tried under Section 307 read with Section 328 IPC, to which he pleaded not guilty and claimed trial.