SHUNTI ALIAS RAJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgment, two criminal appeals i.e. Criminal Appeal No. 804-SB of 1997 preferred by Shunti alias Raja, Om Parkash and Rajni and Criminal Appeal No. 865-SB of 1997 preferred by Om Parkash son of Narpat Ram will be decided.

(2.) BY the common judgment rendered by learned Additional Sessions Judge, Jagadhari, all these four accused i.e. appellants have been convicted and sentenced under Section 306 IPC to undergo rigorous imprisonment for five years and pay a fine of Rs. 1,000/-, in default of which to undergo rigorous imprisonment for three months.

(3.) PROSECUTION examined PW.7 Dr. S.K. Gupta who conducted autopsy on 3.5.1995. He found no external injuries on the body of Ashok Kumar but sent the viscera to Chemical Examiner. After the report of Chemical Examiner Ex.PG, it was opined that death was caused on account of consumption of aluminum phosphide poison. After the report of Chemical Examiner and the opinion of the doctor, report under Section 173 Cr.P.C. was submitted. Accused were committed to the Court of Sessions and learned Additional Sessions Judge, Jagadhari charged them under Section 306 read with Section 34 IPC.