JUDGMENT

K. Jagannatha Shetty, J.- One may ask the question whether murder by poisoning is not run like any other murder? The learned counsel for the appellant purports to state that it is not. He relies upon the judicial prescriptions as to the burden of proof in “poison murder" cases. He contends that the prosecution must prove "that the accused had the poison in his possession." He asserts that failure to establish that factor should entail the acquittal of the accused. This is a vital question, which goes far beyond the case and it, therefore, requires careful consideration.

2. Bhupinder Singh. Appellant was prosecuted for the murder of his wife by poisoning. He was sentenced for life imprisonment by the Additional Sessions Judge, Faridkot in Sessions case No. 86 of 1983. His conviction and sentence have been affirmed by the Punjab and Haryana High Court in Criminal Appeal No. 82-DB of 1984. He has preferred this appeal by special leave challenging the conviction and sentence.

3. We may first advert to the prosecution case. It reveals a sad story. It runs like this: Gian Kaur, the victim in this case is the only daughter of Baltej Singh. Baltej Singh like many other parents tho