Judgment

UNTWALIA, J.:- Mst. Phino the sole appellant in this appeal was living with her father Narain Singh in village Ramuwala Nawan as her husband was serving in the Army. She was on visiting terms with Gurdial Singh of the same village who was examined as prosecution witness no. 5. Sometime in the middle of April, 1966,Gurdial Singh lost Rs. 110/- from his house and suspected that the appellant had committed the theft of the money. He approached the Gram Panchayat who made Narain Singh, the appellant s father, pay a sum of Rs. 50/- to Gurdial Singh. One Sardara Singh and Kamail Singh (PW 13) sided with, Gurdial Singh at the Gram Panchayat. The appellant, therefore, is said to have borne grudge against Gurdial Singh and his helpers. According to the prosecution case it so happened that on the 3rd May. 1966 three children who all were 4 or 5 years old were playing in the afternoon at about 4.30 p.m. in the lane near the house of the appellant. The three children were (1) Ranjit Singh s s/o Gurdial Singh; (2) Maghar Singh, s/o Kamail Singh and (3) Jalaura Singh, s/o Sardara Singh. The appellant is said to have given gur mixed with poison to eat to all the three children. They ate a portion of the poisoned gur. The rest was collected from them as something black was noticed in the gur by the fathers of the childern. The children were taken to Dr. Ujagar Singh of the village, who was examined as a court witness. He advised Gurdial Singh and others to take the children to Moga hospital. The three children were admitted in the hospital as cases of suspected poisoning. Their stomachs were washed. Maghar Singh and Jalaura Singh improved and were discharged from the hospital but the condition of Ranjit Singh became worse and he died on the 4th May, 1966 at about 11.45 A.M. The appellant was prosecuted for administering poison to the three children and causing the death of one of them by such poisoning. At the trial she pleaded not guilty. The learned Additional Sessions Judge. Ferozpur acquitted the appellant of the charge of murder under Section 302 Penal Code, found her guilty under Section 328 and sentenced her to undergo rigorous imprisonment for 3 years. The appellant filed an appeal in the High Court of Punjab and Haryana at Chandigarh against her conviction under Section 328 of the Penal code and the State preferred an appeal against the order of acquittal recorded in her favour under S. 302. The High Court dismissed the appellant s appeal, maintained her conviction and sentence under Section 328, allowed the Government appeal and convicted her under Section 302 of the Penal Code also. Under the latter count she has been sentenced to life imprisonment. The sentences have been directed to run concurrently. On obtaining special leave as also under the SC (Enlargement of Jurisdiction) Act, 1970, the present appeal has been preferred.

2. Both the Courts below have found that the appellant had a grudge against Gurdial Singh and his helpers. She had, therefore, a motive to commit the alleged crime. Nothing substantial could be pointed out by learned counsel for the appellant to persuade us to take a different view.

3. On the evidence of Atma Ram, P.W. 4 both the Courts have found that the appellant had purchased from him half a tola of the poison meant for killing rats under a pretext that she required it for that purpose. The poison was zinc phosphide. We see no reason to differ from the concurrent findings of the Courts below in this regard too.

4. On the question of the appellant s giving the poisoned gur to the three children the trial Judge, did not believe the evidence of P.Ws. Gurdial Singh and Karnail Singh. Nor did he place any reliance on the evidence of Sita Singh, P.W. 12 who was selling vegetables in the lane at the time of the occurrence. The two surviving children were examined as P.Ws. 10 and 11. Relying on their evidence the Trial Court found the prosecution story of administering poison to the three children by the ap