IMPORTANT POINT
Suspicion howsoever strong can not take place of proof.

JUDGMENT

Aftab Alam, J. —

1. This appeal by grant of special leave is directed against the judgment and order dated September 13, 2007 passed by the High Court of Andhra Pradesh in Criminal Appeal No. 1009 of 2005. The High Court allowed the government appeal, reversed the judgment of acquittal passed by the trial court, found the appellant guilty of the charge of killing his wife Laxmi Kumari by giving her cyanide in cold drink and, accordingly, convicted him under section 302 of the Penal Code and sentenced him to rigorous imprisonment for life and a fine of Rs.1,000/- and in default of payment of fine, simple imprisonment for 3 months.

2. The basic facts of the case which are admitted or are at any rate undeniable need to be stated in the sequence in which those facts were unfolded. The appellant and Laxmi Kumari got married on April 30, 2000. After marriage they came to live in a rented house at Yellareddiguda, Hyderabad. The appellant and his wife lived on the first floor and the remaining portion of the house was occupied by its owner. The appellant had a graduate degree in Engineering and a diploma in Computer. He worked as a faculty member in Harica Information, situated at Rehamath Complex, Amarpreet, Hyderabad, and he also gave coaching to students in another computer centre. He was earning a salary of about Rs.20,000/- per month.

3. On September 2, 2000 in the afternoon the landlady, Saroja (PW7) received a telephone call asking for Laxmi Kumari. She went to the portion of the house where she lived and found her there lying on a chair. Then, with the help of her maid servant (PW3), she got her shifted to Mythri Hospital. After some time her husband, the appellant also reached there.

4. In the morning of September 3, 2000 Laxmi Kumari’s father, PW1 received a phone call from the brother of the appellant, Seshagiri Rao intimating him that his daughter had fallen seriously ill and had been admitted to the hospital. He along with his wife proceeded to Hyderabad and on reaching there went to the hospital, where they found their daughter in an unconscious state. On the same day at 8.30 p.m. Laxmi Kumari was declared dead by the doctors of Mythri Hospital. In the death certificate issued by the Hospital (exhibit P-3) it was stated that she was admitted to the hospital on September 2, 2000 at about 7.15 p.m. At the time of admission she was unconscious and there was no pulse or blood pressure. She was diagnosed to have suffered a cardio-pulmonary arrest. She was put on Ventilator and given certain medicines that restored her cardiac activity. She suffered further cardiac arrest at 8.10 p.m. on September 3, that led to her death at 8.30 p.m.

5. After Laxmi Kumari was dead, her father PW1 went to S.R. Nagar Police Station and lodged a complaint there at 9.15 p.m. In the complaint, he simply stated that in the morning on that day he received a telephone call from Seshagiri Rao from Hyderabad asking them to immediately come down to Hyderabad as their daughter was in danger. They started at 8 a.m., and on reaching Hyderabad went to Mythri Hospital where their daughter was in an unconscious state. After half an hour the doctors declared that their daughter had died. He further said that to his knowledge their daughter was not suffering from any aliment; he knew that she was in good health till 4 p.m. on September 2, 2000, and after completing her household work she became unconscious at 6 p.m. He did not know how this happened. He requested for necessary action so that her dead body could be handed over to him for the last rites. The complaint (exhibit P-1) was registered as Crime No. 589/2000 under section 174 of the Criminal Procedure Code (Cr. P.C.), and was formally incorporated in an FIR (exhibit P-14).

6. After recording the statement of the father of the deceased the Sub- Inspector (PW15) proceeded for Mythri Hospital and got the body of the deceased shifted to Gandhi Hospital for post mortem examination. At 11 p.m. on th