Nirmal Singh, J.

1. This appeal has been directed against the order dated 17.7.1996 passed by learned Additional Sessions Judge, Jagadhri vide which the appellant has been sentenced to undergo R.I. for a period of five years and to pay a fine of Rs. 500/- under Section 307 IPC. In default of payment of fine, he was further directed to undergo R.I. for one month. The appellant is further directed to undergo R.I. for five years under Section 328 IPC. Both the sentences were ordered to run concurrently.

2. The prosecution story in brief is that on 31.7.1993, Ramesh Chand was called by Krishan Chand to have a talk with regard to agricultural land. On this at about 8.30 p.m. Ramesh Chand went to the house of Krishan Chand where Krishan Chand served him with a glass of milk. While taking a sip of the milk, Ramesh Chand felt smell of kerosene oil. He told Krishan Chand about the same and refused to consume the rest of the milk. On this, Krishan Chand added some more sugar in the milk and insisted Ramesh Chand to drink it. Ramesh Chand again took one sip and left the milk as he could not find it tasty. He kept the glass and started for his house. On the way, he felt giddiness and s