1. The main point in this appeal is,

'Whether an act of—causing death, or attempting to cause death, or administering poison—without intention or knowledge that the act may cause such injuries, is an offence or not.'

2. The aforesaid question arises in this criminal appeal against the order of conviction and sentence dated 22.06.1998 passed by the Fifth Additional Sessions Judge, Bilaspur, District Bilaspur (the ASJ) in Sessions Trial No. 501 of 1997 convicting Ram Khelawan (the Appellant) under sections 302, 307 and 328 of the Indian Penal Code (the IPC).

3. The Appellant was awarded no separate sentence under section 328 IPC, but was awarded life imprisonment under section 302 IPC and rigorous imprisonment for 18 years under section 307 IPC.

THE FACTS

4. The pedigree of the complainant side is not disputed. It was stated by the prosecution witnesses. It is as follows:

Dhanilal Shyama Bai = Ramesh Virendra = Santoshi (PW-7) (PW-8) (PW-1) (Deceased) (PW-3) (Informant)

Maya

5. Virendra (the Deceased) and Ramesh (PW-1) are brothers, though not real. They and other family members namely Santoshi (PW-3) (wife of the Deceased), Shyama Bai (PW-8) {wife of Ramesh (PW-1