Sharma, J.—This is an appeal by Mst. Javitri alias Shanti against her conviction u/s 328 I.P.C. and sentence to three years R. I. by the learned Sess. Judge, Alwar.

2. According to the prosecution, the appellant was purchased by Chiranji Brahaman of village Salvedi for a sum of Rs. 2000/- about a couple of months before the occurrence to live with him as his wife. In the evening preceding the 21st September, 1954, the appellant had cooked food and served it to Chiranji. After taking that food Chiranji felt giddy but on some treatment he got well. In the evening of the 21st of September, 1954, at about 6 p.m. Chiranji took rice prepared by the appellant along with sugar and thereafter he lay down. Then be asked the appellant to bring hukka for his smoke. She brought the hukka and Chiranji smoked it. Soon after Chiranji began to feel giddy and become unconscious. He was taken to Kherli Ganj Dispensary where Dr. H. Chakarvati, Medical Officer suspecting that it was the case of dhatura poisoning thrust a tube into the throat of Chiranji and made him vomit. The contents of this vomit are said to have been taken in a bottle and after sealing it, it is said it was sent for the chemical exa

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