THOMAS, J.

A woman by name Merly and her two little children were found lying dead in their bedroom, when her husband (Tomy - P.W. 2) reached home at about 9.30 p.m. on 23-6-1980. The death was due to poisoning with Cyanide. The police charge-sheeted Ammini (widow of Tomy's brother) and three other accused for the murder of Merly and children. The Sessions court, after a protracted trial, acquitted the accused. This appeal has been preferred by the State against the said acquittal. A Division Bench of this court, referred the case to the Full Bench "In view of the importance of the questions of law raised in this appeal ..."

2. A synoptical resume of the prosecution version is this : Ammini, the first accused, was nurturing vengeance against Tomy and she longed for the extermination of the entire family of Tomy a criminal conspiracy was hatched for the said purpose as between Ammini and the other three accused and a scheme was evolved by them to murder Tomy and his wife and their children (children are Sona - daughter aged 8 and Rana - Son aged 5). In pursuance of the scheme Ammini went to Tomy's house at about 7.30 p.m. on 23-6-1980, as though it was a casual visit she