G.L. Gupta, J. - (1.) This is an appeal against the judgment dated 9.2.1993, passed by learned Sessions Judge, Jhalawar, whereby he convicted Kanhaiyalal, under Section 307 and 201 IPC and sentenced him to rigorous imprisonment for two and half years and a fine of Rs. 500/-, under the first count and six months R.l. and a fine of Rs. 100/- under the second count.
(2.) The allegations against the appellant were that he had attempted to administer poison to his brother Birdhi Lal on 1.6.1989 at 9 a.m. when the later was taking his food. The prosecution case was that Birdhi Lal seeing its colour, did not eat the vegetable in which the poison was mixed, and when he asked the accused about it, he immediately threw away the contents of the bowl.
(3.) Charges under Sections 307 and 201 IPC had been framed against the accused, who pleaded not guilty. Prosecution examined RW. 1 Devi Shanker, RW. 2 Raj pal Singh, PW. 3 Udai Lal, PW. 4 Bairdhi Lal, RW. 5 Bheru Singh, RW. 6 Gopal Singh, RW. 7 Mangi Lal, RW. 8 Kani Bai and RW. 9 Jamna Lal. The accused in his statement under Section 313 Cr.RC. denied accusation.;