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. F