JUDGMENT

K. JAYACHANDRA REDDY, J.:—This is an appeal under Section 379, Cr.P.C. read with Section 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act. On the basis of a private complaint made by one Gurmukh Singh, P.W. 11, Jasbir Kaur (A-1) the appellant before us, one Surjit Kaur, her mother (A-2) and her brother Amarjit Singh, who died during the committal proceedings, were charge-sheeted for an offence punishable under Section 302/34, I.P.C. for causing the death of Amar Kaur, the deceased in the case, by administering poison. The case was committed to the Court of Sessions as against A-1 and A-2. The learned Sessions Judge acquitted both of them. The complainant P.W.11 filed an appeal against the acquittal. A Division Bench of the Punjab and Haryana High Court admitted appeal only against Jasbir Kaur, A- 1 and did not issue any notice to A-2 ,thereby confirming her acquittal. The High Court convicted Jasbir Kaur A-1, the appellant before us under Section 302, I.P.C. and sentenced her to undergo imprisonment for life and to pay a fine of Rs. 10,000/- with a direction that the fine, if realised, shall be paid to the son and daughter of the deceased. The prosecution case is as follows:

2. Amar Kaur the deceased was the sister of P.W. 11. She was given in marriage to Amarjit Singh. P.W. 11 used to treat the deceased as his daughter and spent considerable amount at the time of her marriage in December, 1959. A day prior to the occurrence the deceased sent one Dayal Singh, a farm worker to P.W. 11 with a request that he should visit her house. P.W.11went there and found that the deceased and the accused persons were altercating among themselves. The deceased told P.W. 11 that she had been advising her husband Amarjit Singh against drinking and gambling but A-1 and A-2 instead of stopping him from indulging in these nefarious activities used to encourage him and took sides with him in quarrels between wife and the husband. P.W. 11 suggested to the deceased that she and her children should leave the village and accompany him to his village to live with him. But the deceased was not prepared. On the following day i.e. May 31, 1973 at about 5.30 P.M. information was sent to P.W. 11 that the deceased had passed away. P.W. 11 was taken aback and went to the village of the accused followed by P.W. 8. The then Executive Officer of the Municipal Committee, Ludhiana. Along with P.W. 11 his daughter Smt. Baljit Kaur and his son Rajinder Singh P.W. 10 also went. There P.W. 11 found the deceased lying on a cot covered with a chaddar. The appellant (A-1) and her mother A-2 were sitting by the side of her bed. P.W. 11 enquired from them as to what was the cause of death. He was informed by Amarjit Singh, husband of the deceased that she died because of hysteria. P.W. 11 did not believe this and he suspected some foul play as the accused were not weeping as is usual with the ladies when a member of the family passes away. P.W. 11 deputed P.W. 10 to go to the Police Post, Goraya to lodge a report. P.W. 10 accompanied with P.W. 8 went to the Police Post where a report was lodged which was recorded by P.W. 13 A.S.I. who left for the house of the deceased. There he found only the appellant and her mother A-2 being present. The two children of the deceased, P.W. 12 Bhupinder Singh, a boy aged about 12 years and daughter Maninder Kaur were also not present. The A.S.I. did not find any injuries on, the dead body. He, however, prepared the inquest report and sent the dead body for post-mortem which was conducted by Doctor. The Doctor, P.W.1 collected the viscera and pieces of liver, spleen and kidney of the deceased in two separate bottles and pieces of small and large intestines of the deceased in another bottle. They were sent to the Chemical Examiner, P.W. 2. The Chemical Examiner found the presence of organic phosphorus compound in the three bottles. P.W. 2 also opined that organic phosphorus was a poisonous matter and had the capacity