VIRENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused-appellant Virender was convicted for an offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo rigorous imprisonment for two months. He has challenged the judgment of conviction and sentence passed by the trial Court by way of present appeal.

(2.) PW-6 Gian Singh was the brother and PW-7 Jagdish was the cousin brother of the deceased Joginder. PW-6 Gian Singh, complainant, has stated in his complaint, Exhibit PD, that on 21.8.2000, at about 6 AM, Parveen son of accused Virender came to his house at Ferozepur and informed him that his brother Joginder was vomiting and was found lying on the roof of the house in an unconscious state. They had also shifted him to Prem Jiwan Hospital. Thereafter, Joginder was referred to Government Hospital, Palwal.

(3.) The most important witnesses examined on the side of the prosecution are only PW-6 and PW-7. PW-6 has deposed taking departure from his original complaint that in B.K. Hospital, Faridabad, Joginder was found in a semi-conscious condition. On enquiry, Joginder shared the information that accused Virender administered poison to him. PW-7 Jagdish, cousin brother of the deceased, who was examined after a lapse of about three months by the Investigating Officer under Section 161 Cr.P.C., would depose before the Court that Joginder was found semi-conscious at Prem Jiwan Hospital. When he enquired, Joginder informed him that it was accused Virender who poisoned him. Thereafter, the doctors referred him to Civil Hospital, Palwal.