Judgment

FAZAL ALI, J.:- This is an appeal under the SC (Enlargement of Criminal Appellate Jurisdiction) Act. 1970. The appellant Ram Das was tried on a charge of murdering his wife Mst. Shanta Bai on September 12, 1972, by forcible administration of poison to her. The learned Sessions, Judge, after considering entire evidence on the record, acquitted the appellant on the ground that the evidence led by the prosecution was not sufficient to bring home the charge against the accused. Thereupon the State of Maharashtra filed an appeal before the High Court of Bombay. The High Court reversed the order of acquittal passed by the learned Sessions Judge in favour of the appellant and has convicted the appellant under Section 302 I. P. C. and sentenced him to imprisonment for life. Hence this appeal before us.

2. This is rather an unfortunate case where shortly after the marriage of the deceased shantabai with the appellant Ram Das certain unforeseen circumstances came into existence which led the appellant to suspect the fidelity of his wife culminating in her death by poison. The sole question to be determined by us in the present appeal is whether the accused had caused the death of his