(1.) FIR 64 dated 18.2.1999 has been registered at Police Station Baldev Nagar, Ambala City under section 302 IPC on the statement of Harbhagwan wherein the following allegations have been made :-
(2.) VIJAY Kumar, the son of the complainant was working in Tara Hospital. On 17.2.99, Vijay Kumar after taking his meals, had gone to the opposite tea shop of Sonu for taking tea at about 4 or 4.30 p.m. The complainant was informed that Vijay Kumar was lying in the park vomitting and the complainant went there and saw Vijay Kumar who was vomitting. Vijay Kumar was taken to Tara Hospital, Baldev Nagar and Vijay Kumar told the doctor that Sonu son of Rabel Chand who is running a tea shop, with intention to kill him, and given him a pill and made him eat it saying that it was a sweet pill. That after Vijay Kumar had eaten the pill, he made Vijay Kumar eat a bread-pakora and drink a cold drink; that thereafter Vijay Kumar felt like answering the call of the nature; and that therefore, he went towards the park and vomitted. Vijay Kumar wsa then taken to the Hospital of Sant Ram Arora; then to the civil Hospital, Ambala City, and thereafter to the P.G.I. Chandigarh, Vijay Kumar died on 18.2.99.
(3.) I have heard the counsel for both the sides and perused the records on file.