JUDGMENT

K. JAYACHANDRA REDDY, J. - The appellant Smt. Nirmal Devi, who is the sole accused in the case, has been found guilty under S. 302, R.P.C. of J. & K. and sentenced to imprisonment for life for the offence of committing the murder of her husband by administering poison. The appeal filed by her was dismissed by the High Court. Hence the present appeal.

2. The appellant was married to the deceased Girdhari Lal about 17 or 18 years prior to the occurrence. For 11 or 12 years they lived together. Later the appellant went to her parental house without the consent of the husband. Thereafter she never returned to the house of the husband. It is alleged that in her parental house she started leading an adulterous life which was resented to by the deceased. About 13 or 14 months prior to the occurrence she joined training course of midwifery in a hospital at Jammu and she continued her activities of indulging into immoral acts. About 15 or 16 days before the date of the occurrence, the appellant gave birth to an illegitimate daughter in the Jammu Hospital. After that she went to her parental house in village Siote only 6 or 7 days before the occurrence. During the wedlock the appellant gave birth to two sons and a daughter and the deceased-husband had great affection for those children. When the accused came to her parental house, the deceased went to see his children in the house of his in-laws on 16-6-75. Only the accused and the children were present in the house. During that visit the appellant, however, behaved well with her husband and showed great love for him. She prepared pakoras and tea and served the same to the deceased. The deceased after eating the pakoras, and drinking the tea left for his house. On the way he felt pain in his abdomen and burning sensation in his throat causing restlessness. He reached the home with great difficulty and rested on the bed. After some time he vomitted and he asked his younger brother, P.W. 3 with gestures to bring a paper and a pen and in the note-book given, the deceased could hardly write "one cup two cups tea half Pao Pakora" and became unconscious. His family members took him to the hospital where he expired on the same night. The Medical Officer, Dr. Surendra Singh who treated the deceased, was examined in the committal Court but could not be examined in the Sessions Court as he was transferred. He informed the police as he suspected some foul play. S. I., P, W. 25 took over the investigation. Inquest was held and the post-mortem was conducted and the viscera was sent to the Chemical Examiner. The report of the Chemical Examiner showed that a heavy concentration of arsenic was found in the viscera. A case under S. 302, R. P.C. was registered and thereafter the witnesses were examined. After completion of the investigation, the charge-sheet was laid.

2A. When examined under S. 342, Cr. P.C. the appellant admitted that she had been staying in her parental house for the last 4 or 5 years and since he found it difficult to make the both ends meet she went to her parental house and she denied having indulged in immoral acts. The rest of the case was denied by her. The prosecution mainly relied on the evidence of P.Ws. 6, 7 and 8 and also on the evidence of P.W. 3, the brother of the deceased who gave the note-book on which the deceased scribbled about two cups of tea and pakoras. The said note-book was marked as Ex. PB. The learned Sessions Judge relying on the evidence of P.Ws. 6, 7 and 8 who spoke about the serving of the tea and pakoras and the immediate movements of the deceased, convicted the accused.

3. The High Court again has discussed their evidence in great detail and held that these witnesses are independent witnesses and their statements are natural and cogent and accordingly confirmed the conviction.

4. Learned counsel for the appellant submits that the witnesses were examined at a belated stage nearly after a month or so and that the Courts below erred in relying on Ex. PB