Jai Pal Vs. State of Haryana
EmailAppeal: Criminal Appeal No. 260 of 2000
(Arising out of SLP (Crl.) No. 3391/99)
Petitioner: Jai Pal
Respondent: State of Haryana
Apeal: Criminal Appeal No. 260 of 2000
(Arising out of SLP (Crl.) No. 3391/99)
Judges: K.T. THOMAS & M.B. SHAH, JJ.
Date of Judgment: Jun 03, 2000
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Section 389 with Indian Penal Code, 1860 – Section 302 – Conviction under – Causing death by poison – Appeal in High Court – Suspension of sentence and re-lease on bail sought for, refused by High Court – Appeal directed to expedite and to be listed within one year – Whether a fit case for suspension of sentence as the deceased not shown to have died due to poisoning. Held: Court declin-ing to express any view. Early listing of the appeal directed.
JUDGEMENT:
ORDER
1. Leave granted.
2. In this matter the Appellant stands convicted under Section 302 IPC for causing death of the deceased by poison. He filed an appeal before the High Court of Punjab and Haryana and applied for suspension of sentence and releasing him on bail. The Divi-sion Bench of the High Court while refusing to suspend the sen-tence has ordered the appeal to be expedited and to be listed within one year. It is that order which is now challenged before us.
3. Mr Jaspal Singh, learned senior Counsel for the Appellant invited our attention to the report of the Forensic Science Laboratory which after scientifically analysing the viscera and the stomach contents reported that there was no poison detected. However, vomit collected from the scene when subjected to analy-sis in the laboratory poison was detected. Learned Counsel seriously contended that as the deceased was not shown to have died due to the poisoning this is a case which is eminently fit for suspending the sentence.
4. We have considered all different aspects of the matter. We are of the view that this is a fit case which the High Court should board the appeal itself to be heard at the earliest on merits. The various circumstances cannot be gathered by us at this stage for reaching a conclusion either way. In the peculiar facts and circumstances of this case, we, while agreeing with the High Court that the matter should be expedited, choose to go a step further by directing the Registry at the High Court of Punjab and Haryana to list the appeal in the top for the month of April, 2000. We request the High Court to give priority to this appeal to be heard and dispose it of according to law. With these ob-servations this appeal is disposed of.
1. Leave granted.
2. In this matter the Appellant stands convicted under Section 302 IPC for causing death of the deceased by poison. He filed an appeal before the High Court of Punjab and Haryana and applied for suspension of sentence and releasing him on bail. The Divi-sion Bench of the High Court while refusing to suspend the sen-tence has ordered the appeal to be expedited and to be listed within one year. It is that order which is now challenged before us.
3. Mr Jaspal Singh, learned senior Counsel for the Appellant invited our attention to the report of the Forensic Science Laboratory which after scientifically analysing the viscera and the stomach contents reported that there was no poison detected. However, vomit collected from the scene when subjected to analy-sis in the laboratory poison was detected. Learned Counsel seriously contended that as the deceased was not shown to have died due to the poisoning this is a case which is eminently fit for suspending the sentence.
4. We have considered all different aspects of the matter. We are of the view that this is a fit case which the High Court should board the appeal itself to be heard at the earliest on merits. The various circumstances cannot be gathered by us at this stage for reaching a conclusion either way. In the peculiar facts and circumstances of this case, we, while agreeing with the High Court that the matter should be expedited, choose to go a step further by directing the Registry at the High Court of Punjab and Haryana to list the appeal in the top for the month of April, 2000. We request the High Court to give priority to this appeal to be heard and dispose it of according to law. With these ob-servations this appeal is disposed of.
