JUDGMENT Mr. M. Jeyapaul, J:- Accused-appellant Virender was convicted for an offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo rigorous imprisonment for two months. He has challenged the judgment of conviction and sentence passed by the trial Court by way of present appeal. 2. PW-6 Gian Singh was the brother and PW-7 Jagdish was the cousin brother of the deceased Joginder. PW-6 Gian Singh, complainant, has stated in his complaint, Exhibit PD, that on 21.8.2000, at about 6 AM, Parveen son of accused Virender came to his house at Ferozepur and informed him that his brother Joginder was vomiting and was found lying on the roof of the house in an unconscious state. They had also shifted him to Prem Jiwan Hospital. Thereafter, Joginder was referred to Government Hospital, Palwal. Lastly, he was referred to B.K. Hospital. Joginder was semi conscious. It was alleged by PW-6 in his statement that Virender owed a sum of Rs. 15,000/- to Joginder. Therefore, he entertained suspicion that Virender had administered poison to Joginder. 3. The most important witnesses examined on the side of the prosecution are only PW-6 and PW-7. PW-6 has deposed taking departure from his original complaint that in B.K. Hospital, Faridabad, Joginder was found in a semi-conscious condition. On enquiry, Joginder shared the information that accused Virender administered poison to him. PW-7 Jagdish, cousin brother of the deceased, who was examined after a lapse of about three months by the Investigating Officer under Section 161 Cr.P.C., would depose before the Court that Joginder was found semi-conscious at Prem Jiwan Hospital. When he enquired, Joginder informed him that it was accused Virender who poisoned him. Thereafter, the doctors referred him to Civil Hospital, Palwal. 4. PW-8 Dr. J.P. Parashar was running Prem Jiwan Hospital at Palwal. He would depose that Joginder was admitted to Prem Jiwan Hospital with the symptom of vomiting. After giving first aid, PW-8 referred Joginder to Civil Hospital, Palwal. Joginder was not found fully unconscious. Joginder informed him that he was vomiting and was not feeling well but Joginder never informed him that he was poisoned by anyone. 5. He would depose that Joginder was admitted to Prem Jiwan Hospital with the symptom of vomiting. After giving first aid, PW-8 referred Joginder to Civil Hospital, Palwal. Joginder was not found fully unconscious. Joginder informed him that he was vomiting and was not feeling well but Joginder never informed him that he was poisoned by anyone. 5. PW-10 SI Om Parkash has deposed that Head Constbale Ram Avtar moved an application before the Medical Officer, Civil Hospital, Palwal, to ascertain the fitness of Joginder to make a statement but the Medical Officer declared Joginder unfit to make any statement and thereafter, he referred Joginder to B.K. Hospital, Faridabad. 6. PW-5 Dr. Dara Singh who conducted post-mortem examination on the dead body of Joginder, deposed based upon the post-mortem examination conducted by him and the report submitted by the Chemical Examiner that Joginder had died due to poisoning which was ante-mortem in nature. 7. Trial Court having relied upon the evidence on record, came to the conclusion that the prosecution established beyond reasonable doubt that the accused committed the murder of Joginder. 8. Learned counsel appearing for the appellant would vehemently submit that the evidence of PW-6 and PW-7 is totally unreliable but unfortunately, the trial Court placed reliance upon their shaky testimony and recorded a verdict of conviction. 9. Of course, learned Deputy Advocate General, Haryana, appearing for the State, would submit that the dying declaration of the deceased spoken to by PW-6 and PW-7 is quite reliable and therefore, the trial Court has rightly relied upon such a testimony to record conviction. 10. As already pointed out by us, PW-6 Gian Singh was the brother and PW-7 Jagdish was the cousin brother of deceased Joginder. PW-6 in his complaint never spoke about any dying declaration suffered by his brother Joginder. It was his assertion that brother and wife of the accused Virender had taken Joginder to Prem Jiwan Hospital, Palwal. When PW-6 and PW-7 reached over there, they arranged for reference of the patient Joginder to Government Hospital, Palwal. From there, the doctor referred Joginder to B.K. Hospital, Faridabad. PW-6 and PW-7 got admitted Joginder in B.K. Hospital, Faridabad. Joginder was semi-conscious throughout, ever since they saw him in the hospital. When PW-6 and PW-7 reached over there, they arranged for reference of the patient Joginder to Government Hospital, Palwal. From there, the doctor referred Joginder to B.K. Hospital, Faridabad. PW-6 and PW-7 got admitted Joginder in B.K. Hospital, Faridabad. Joginder was semi-conscious throughout, ever since they saw him in the hospital. But in his evidence, PW-6 has come out with a material improvement to the effect that at B.K. Hospital, Fariabad, his brother Joginder informed him that accused Virender poisoned him. If at all such a disclosure was made by Joginder to PW-6, there was no reason for PW-6 to omit such a vital reference of dying declaration allegedly made by his brother in the complaint. On the contrary, he had just raised some suspicion as regards the role of the accused for there was some money transaction between them. 11. In this context, learned counsel appearing for the appellant would submit that the FIR is not an encyclopedia which shall contain all particulars. In the instant case, we find that PW-6 had referred to the fact that Joginder was semi-conscious in B.K. Hospital, Faridabad. He raised only suspicion as regards the role of the accused. Under such circumstances, PW-6 would not have omitted to have referred to the dying declaration in the complaint. Nonreference of such dying declaration in the complaint in the above context, speaks of the unreliable version of PW-6. Therefore, the story of PW-6 for the first time before the Court that a dying declaration was made by his brother to him is found to be totally unreliable. 12. Coming to the evidence of PW-7, we find that he suffered a statement under Section 161 Cr.P.C. only on 22.11.2000, i.e. three months after the occurrence. No reason was assigned by the Investigating Officer as to why such an important witness was omitted to be examined for long three months. 13. That apart, let us examine the merit of the deposition of PW-7 before the trial Court. He would depose that he met Joginder at Prem Jiwan Hospital in a semi-conscious condition. On his asking, Joginder informed him that accused Virender poisoned him. Thereafter, the doctors at Prem Jiwan Hospital referred Joginder to Civil Hospital, Palwal. 13. That apart, let us examine the merit of the deposition of PW-7 before the trial Court. He would depose that he met Joginder at Prem Jiwan Hospital in a semi-conscious condition. On his asking, Joginder informed him that accused Virender poisoned him. Thereafter, the doctors at Prem Jiwan Hospital referred Joginder to Civil Hospital, Palwal. PW-6 would depose that the dying declaration was suffered by the deceased at B.K. Hospital, Faridabad but PW-7 would come out with a version that the deceased suffered dying declaration before him at Prem Jiwan Hospital. There was no reason for the deceased to confide in PW-7 when PW-6 also was with PW-7 in the hospital. At any rate, in our view, if such a dying declaration had been suffered by the deceased to PW-7, PW-7 would have been associated by the Investigating Officer during the course of investigation even at the earliest point of time. For the above reasons, we do not propose to accept the evidence of PW-7. 14. Let us analyze the human conduct of the parties concerned. If the accused had poisoned the deceased, there was no reason for his brother and his wife to take the deceased to hospital for treatment. The son of the accused would not have come to PW-6 to inform him that his brother was found in an unconscious condition with a spout of vomiting. 15. It was only PW-8 Dr. J.P.Parashar of Prem Jiwan Hospital, Palwal, who admitted Joginder for treatment. Though Joginder was in a semiconscious state, he had not whispered anything about the poison administered to him. If somebody had made an attempt to poison him to death, he would have certainly made a statement to the doctor in this regard. 16. The evidence of PW-10 SI Om Parkash would disclose that Joginder was declared unfit by the doctor in Civil Hospital, Palwal, to make a statement. As a result thereof, no statement from Joginder could be obtained by the police officials when Joginder was in Civil Hospital, Palwal. Such being the case, Joginder would not have been in a position to suffer any dying declaration to PW-6 when he was taking treatment at B.K. Hospital, Faridabad, after reference made by Civil Hospital, Palwal. 17. As a result thereof, no statement from Joginder could be obtained by the police officials when Joginder was in Civil Hospital, Palwal. Such being the case, Joginder would not have been in a position to suffer any dying declaration to PW-6 when he was taking treatment at B.K. Hospital, Faridabad, after reference made by Civil Hospital, Palwal. 17. In our view, PW-6 and PW-7 have come out with a totally untruthful version as regards the dying declaration of the deceased, only with a view to strengthen the case of the prosecution. It is not the case of the prosecution that the deceased demanded time and again a sum of Rs.15,000/- owed by the accused. The debt cannot be wiped out by poisoning the lender to death. The motive part of the prosecution is also found to be very weak. 18. The foundation as laid by the prosecution is shaky with rickety evidence available on record. It appears that the trial Court has chosen to record wrongly the conviction. We are of the considered view that the prosecution miserably failed to establish with cogent evidence that accused Virender poisoned Joginder deceased to death. 19. In view of the above, the appeal is allowed and the judgment of conviction and sentence passed by the trial Court as against accused-appellant Virender stands set aside and he is acquitted of the charge. Accused is on bail. The bail bond executed by him shall stand discharged. ---------0.B.S.0------------ ------------------