Judgment

SIKRI, J. : This is an appeal by special leave directed against the judgment of the High Court of Madhya Pradesh confirming the conviction and sentence of the appellant under S. 302, I.P.C.

2. The case of the prosecution, in brief, which has been accepted both by the Sessions Judge and the High Court, is as follows. The appellant is a registered Homoepathic medical practitioner under Madhya Pradesh Homoeopathic and Bio-chemic Practitioners Act (Madhya Pradesh Act XXVI of 1951).

3. In about May, 1960, he started residing and practising at Akodiya Mandi. He issued a pamphlet advertising that among other things he treated Naru (guinea worm). Lured by this Smt. Deobi, aged about 20 years, who had been suffering from guinea worm for six weeks, accompanied by her uncle Ghisaji (P.W. 3), mother Daryaobai (P.W. 4) and aunt Gulab Bai (P. W. 5) went to the clinic of the appellant on May 30, 1961, at about 8 A.M. She was examined by the appellant and administered 24 drops of mother tincture stramonium and a leaf of dhatura. After taking this medicine, she started feeling restless and ill, various antidotes were given but she was not relieved. She vomited twice but the vomits were not pr