1. Dasaundhi, who has been convicted by the learned Sessions Judge, Mahasu, Sirmur, Bilaspur and Kinnaur Sessions Division, under S. 302, I.P.C., for the murder of Shtimati Dhanni, and has been sentenced to death, has filed Criminal Appeal No. 5 of 1965, against his conviction and sentence. The learned Sessions Judge has also submitted the proceedings, to this Court, for the confirmation of the death sentence. The reference, made by the learned Sessions Judge, has been registered as Reference No. 1 of 1965. This judgement will dispose of both the appeal and the reference.

2. The prosecution case against Dasaundhi appellant was as follows :

3. Shrimati Dhanni, deceased, was the wife of the appellant. He suspected that Shrimati Dhanni was carrying on with his younger brother, Hari Ram, and intended to do away with him, by poisoning. The appellant was so much obsessed with the suspicion that Shrimati Dhanni had poisoned him that be had consulted Shankru PW-9, who was known for extracting poison, from the body of the person, affected, by black art. Shankru had made the appellant to gargle with enchanted milk. The appellant had vomited 7 black pills. Previously, the appellant and