Judgment

JUDGMENT:- Heard learned Counsel for the parties.

2. The sole appellant has been convicted u/S. 302. I.P.C. for the murder of his wife Smt. Kamlesh by administering Potassium Cyanide on 3-6-77 and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- and in default, of payment to undergo further Rigorous Imprisonment for one year. The appellants mother Smt. Soma Wanti was also tried along with the appellant for the same offence. But she was acquitted. The appellant preferred an appeal. But the High Court dismissing the same confirmed the conviction and sentence awarded by the trial Court. However, the State did not challenge the acquittal of his mother, Smt. Soma Wanti.

3. The facts lie in a very narrow compass. The deceased was married to the appellant few months prior to the occurrence. Unfortunately, the relations between the deceased and the appellant became unhappy. About 10 days prior to the occurrence, the deceased went to her parents house and stayed there for about 7 days. Thereafter the appellant brought her back to his house in the absence of his father-in-law (PW 3), who was away from his house. After his return, PW 3 and his wife went to see the deceased in the house of the accused to enquire about their welfare. It is alleged that they found the appellant and his mother and the deceased quarrelling with one another. It is also alleged that the appellant and his mother told them that they would kill the deceased in order to end the daily quarrel. PW-3 and his wife intervened and pacified them and on their intervention, the appellant and his mother assured that they would avoid quarrelling in future. On 3-6-77, the same day, at about 3.30 p.m. the deceased who was found to be unconscious was taken to the hospital by the mother of the appellant. The doctor (PW-l) informed the police and the deceased was found already dead by then. PW-3, the father-in-law of the accused was also informed about the death of the deceased. Since it was suspected that the death was due to poisoning a case was registered. The inquest was held and the dead body was sent for post-mortem. Dr. S. G. Garg, who examined the dead body on 4-6-77, did not find any external marks of injury. He found that the stomach was full of semi-digested food. He conducted the post-mortem and examined the viscera and the same was sent to Chemical Examiner. The Chemical Examiner found poison in the stomach of the deceased. It was held that the death was caused due to Cyanide poisoning. On 4-6-77, Gurbachan Singh (PW-4) along with Kewal Krishan P.W. went to the Civil Hospital, Ludhiana as the accused was admitted in the hospital. It is stated that the appellant was feeling giddy after having consumed some tablets. He was treated for the same. The further prosecution case is that the appellant/accused told the PW-4 that he had brought Potassium Cyanide from the factory in which he was working and administered it to Kamlesh, the deceased. This was treated as an extra judicial confession in this case. On 4-6-77, S.I. Swarup Singh (PW-9) went to R. K. Machine Tools Factory. Ludhiana where the appellant was working. He examined the Chief Engineer (PW-5) of the factory and also took into possession of 2.850 miligram of Potassium Cyanide as a sample. The sample was also sent to the Chemical Examiner who examined and found that it contained Potassium Cyanide. After completion of the investigation, the charge-sheet was filed. When examined under Section 313, Cr. P. C., the appellant / accused denied the charge against him. He, however, admitted the stay of his wife with her parents for about seven days. He also stated that on 3-6-77, at about 9-9.30 a.m. he was asked by Kamlesh, the deceased, to bring some tea leaves from the market, and after his returning he found Kamlesh lying unconscious and came to know that the deceased died afterwards. He also said that he and his mother were falsely implicated in this case. The learned trial Judge, beli