Judgment

Nanavati J.-The appellant had married Sukhwinder Kaur (the dceased) about four years before the date of incident which took place on 10.12.1990. The prosecution case was that neither the appellant nor other family members liked Sukhwinder Kaur and all off them had de­sired that she should die so that the appellant can marry again. It was also the prosecution case that on 10.12.1990, the appellant gave some tablets to Dhan Kaur, his mother, for giving them to Sukhwinder Kaur who was not feeling well. As a result of taking those tablets she became restless and was required to be taken to Civil hospital at Barnala on the same day in the evening. On being informed about the condition of Sukhwinder Kaur, the Police had gone to the hospital and recorded her statement (Exibit PW 8/B) and on the basis thereof an offence was registered under Section 304-B I.P.C. against the appel­lant and Dhan Kaur. Her dying declaration was also got recorded through a Judicial Magistrate on 11.12.1990 when she was in the hospi­tal at Ludhiana. Sukhwinder Kaur expired on 12.12.1990 and the of­fence, which was earlier registered under Section 304-B IPC was con­verted into an offence under Section