JUDGMENT

K. JAYACHANDRA REDDY, J.:—The sole accused in the case is the appellant. He has been convicted under Ss. 302 and 328, IPC and sentenced to undergo imprisonment for life under S. 302, IPC and no separate sentence was awarded under S. 328, IPC. The appeal preferred by him was dismissed by the High Court. Hence the present appeal pursuant to the special leave granted by this Court. It is alleged that he committed the murder of Chandra Mani Lal Chowdhary (the deceased) by administering poison. The prosecution case is as follows:

The deceased was the husband of Smt. Kamla Kumari Devi, P.W. 7, the informant in this case. There was a litigation between the accused and the deceased. Therefore they were on inimical terms. However, the accused tried to establish friendship with the deceased putting an appearance of having changed in his attitude and used to visit the deceased now and then. On 7-2-79 at about 7 p.m. the accused visited the house of the deceased and requested him to go to his house. In spite of the protests made by his wife and daughters the deceased went to the house of the accused. He returned at 9 p.m. in the night and started vomitting. He informed his wife that af