Misra, J.

1. The third Additional Sessions Judge of Manbhum-Singhbhum, camp Chaibassa, has made this reference under Sec.374, Code of Criminal Procedure, for confirmation of the sentence of death passed by him on Basu Tanti alias Basdeohari Tanti on his conviction under Sec.302, Indian Penal Code. The accused was also found guilty of the offence under Sec.328, Indian Penal Code, but no separate sentence was passed in respect of that charge. The accused has preferred two appeals, one from jail and the other is a regular appeal. The two appeals and the reference have been heard together and are being disposed of by this judgment.

2. The deceased was one Hazari Tanti, who was working as a Mali at the Railway Institute at Chakradharpur. On the 18th of May, 1954, he came back to his house at about 7 p.m. and poured out some wine into a cup from a bottle. He drank a little of the wine and complained that it tasted bitter, and threw away the cup. Immediately after taking the wine, Hazari Tanti began to vomit and also showed symptoms of shivering and pain in his body. He uttered that the appellant Basu Tanti committed treachery towards him inasmuch as he gave him the bottle of wine