Murder by poisoning can be proven through circumstantial evidence, establishing motive, opportunity, and cause of death, even in the absence of direct eyewitness accounts.

JUDGMENT :

Rajasekhar Mantha, J.

1. The instant appeal arises out of a judgment and order of conviction dated 27th November, 2014 and 28th November, 2014 passed by the learned Additional Sessions Judge-cum-Judge, Special Court (E.C. Act), Hooghly in Sessions Trial No. 2216 of 2004 arising out of Sessions Case No. 124 of 2004. The appellant was convicted for life under Section 302 of the Indian Penal Code.

2. The prosecution case and the facts that have emerged from the evidence on record are as follows:-

3. The complainant, Kalomoni Soren (PW-1) was originally married to one Gopal Besra @ Sisir Besra. Out of their wedlock, a girl child was born called 'Sefali Besra'. Gopal Besra died a few years after the birth of Sefali. The complainant, Kalomoni Soren thereafter claims to have married the appellant, Bisu Soren. There is no proof or record of such marriage. That is, however, clear from the evidence of nine (9) of the prosecution witnesses that the appellant lived as a house husband with the complainant. Out of their relationship, as deposed by several witnesses, another girl child was born who was 5 months old as on the the date of occurrence.

4. The appellant himself was already married to one Kapurmani Soren and had two sons with her. From the inception of their relationship, the appellant insisted that the daughter of Kalomoni Soren, PW-1, from the first marriage, should not exist. This fact is corroborated by the evidence of PW-1, PW-2 Bapi Murmu, PW-3 Durga Murmu, PW-4 Abdul Latif, PW-5 Ganesh Kisku, PW-6 Baidya Nath Soren, PW-11 Mongal Murmu, PW-13 Sk. Nizamuddin and PW-16 Dr. T.K. Sett.

5. The complainant Kalomoni Soren (PW-1) was a farm labourer. On the date and time of occurrence, the complainant was working in her fields away from home. The appellant was present at home as confirmed by PW-2 Bapi Murmu and PW-11 Mongal Murmu and the other witnesses.

6. PW-2, Bapi Murmu, the brother of Kalomoni Soren, the complainant, was also present in the house with the 8-year-old victim girl Sefali. Sefali was already suffering from an advanced stage of tuberculosis.

7. The appellant is stated to have laced a sweet-meat with rat poison containing a toxin called 'Carbo furan' and offered it to Sefali, who consumed it. PW-2 came into the house at around 10.00 a.m. He was also offered the same sweet-meat, half of which was consumed by the appellant.

8. PW 2 found that his niece Sefali was feeling unwell. He also started to feel unwell after some time. Kalomoni PW1 returned home at about 12 and found her daughter unwell. She was informed by Sefali that she started to feel unwell after consuming the sweet meat offered by the appellant. She rushed her daughter to a local doctor, who after examining Sefali and having found that she was poisoned, advised Kalomoni to take Sefali to a larger hospital. On the way to such hospital, Shefali, died. She brought her back home. In the house, her brother was already feeling unwell and was rushed to another hospital by PW 3 and PW 5. He recovered after medical procedures the next day.

9. PW 11 stated that he found the appellant at home and had confessed to them that he had poisoned Sefali.

10. PW 1, PW-2, PW-3, PW-4, PW5, PW 6 as also PW 11, PW 13 and 16 stated that from the inception of the marriage between the appellant and Kalomoni, the former insisted that Kalomoni should kill Sefali or he would do it himself.

11. Upon hearing the cries of Kalomoni, several neighbours and villagers gathered at her house. Kalomoni first tried to attack her husband w