Judgment

HIDAYATULLAH, J. : This appeal by special leave is against the judgment of the Bombay High Court (J. C. Shah, J. (now of the SC) and V. S. Desai, J.) by which it maintained the conviction of the appellant, Lagu, under S. 302 of the Indian Penal Code, and confirmed the sentence of death passed on him by Shri V. A. Naik (now Naik, J.) Sessions Judge, Poona.

2. The appellant was tried for the murder of one Laxmibai Karve, and the charge held proved against him was that on or about the night between November 12 and 13, 1956, either at Poona or in the course of a railway journey between Poona and Bombay, he administered to the said Laxmibai Karve, some unrecognised poison or drug which would act as a poison, with the intention of causing her death and which did cause her death.

3. Laxmibai Karve was a resident of Poona where she lived at 93-95, Shudrawar Peth. Before her marriage she was known as Indumati, Indutai or Indu Ponkshe. In the year 1922, she married Anant Ramachandra Karve, a widower with a son by name, Vishnu. On her marriage, as is the custom, she was named Laxmibai by the family of her husband and was known as Laxmibai Karve. She was also known as Mai or Mai Karve. From Laxmibai there were born two sons, Ramachandra (P. W. 1) and Purshottam alias Arvind, who died in 1954.

4. Anant Ramachandra Karve was a moderately rich man, who had been successful in business. He died in 1945 of pleurisy. He was attended till his death by the appellant and his brother, B. C. Lagu, both of whom are doctors. Anant Ramachandra Karve left a will dated February 28, 1944. Prior to the execution of the will, he had gifted Rs. 30,000 to his son, Vishnu, to set him up in business. By his will he gave the house No. 93-95, Shukrawar Peth, Poona to Ramachandra with a right of residence in at least three rooms to his widow, Laxmibai and a further right to her to receive Rs. 50 per month from the rent of the house. He assigned an insurance policy of Rs. 5,000 in her favour. The business was left to Ramachandra. The cash deposits in Bank, Post Office and with other persons together with the right to recover loans from debtors in the Bhor State were given to Purushottam alias Arvind. Certain bequests of lands and debentures were made to Vishnu s children. Laxmibai was also declared owner of all her ornaments of about 60 tolas of gold and nose ring and pearl bangles which were described in the will.

5. In addition to what she inherited from her husband, Laxmibai inherited about Rs. 25,000 invested in shares from her mother, Girjabai, and another 60 tolas of gold ornaments. In January 1954, Purshottam alias Arvind died at Poona. By Purshottam s death Laxmibai also inherited all the property held by him.

6. Thus, at the time of her death, Laxmibai was possessed of about 560 shares in diverse Electric Companies, debentures in South Madras Electric Supply Corporation and Mettur Chemical and Industrial Corporation, a sum of Rs. 7,882-15-0 at the Bank of Maharashtra, a sum of Rs. 35,000 in deposit with one Vasudeo Sadashiv Joshi, gold and pearl ornaments and sundry movables like clothes, household furniture, radio etc.

7. In the year 1946, Ramachandra, the elder son started living separately. There were differences between the mother and son. The latter had suffered a loss in the business and had mortgaged the house with one Shinde, who filed a suit, and obtained a decree but Vishnu filed a suit for partition claiming that his one-third share was not affected. Before this, Ramachandra had closed his business in 1951 and joined the military. He was posted at different places, but in spite of their differences, mother and son used to correspond with each other. In May, 1956, Laxmibai arranged and performed his marriage, and he went away in June, 1956.

8. Laxmibai had contracted tuberculosis after birth of Purshottam. That was about twenty years before her death. The lesion, however, healed and till 1946 her health was not bad. From 1946 she suffered from d