T Ramabhadran, CJ

[1] The respondent, Mt. Shiv Devi, was tried by the learned Sessions Judge of Mandi of an offence under Section 302, I. P. C., i.e., of intentionally causing the death of her husband's elder brother, Jai Singh, by administering to him a deadly poison (aconite) mixed in his food. The trial Judge acquitted Mt. Shiv Devi, since, in his opinion, the case against her was not proved beyond reasonable doubt. The Himachat Pradesh Administration has come up in appeal against that order of acquittal under Section 417, Cr. P. C.

[2] The prosecution case, briefly, was as follows : In village Banali, Tehsil Sarkaghat, district Mandi, there lived three brothers, i.e., Jai Singh, Amar Singh and Jagat Ram. While Amar Singh and Jai Singh lived and messed jointly, Jagat Ram, did so separately, although the three brothers used to reside in the same building, bat in separate rooms.

Jai Singh (the victim in this case) was about 65 years of age and of the three brothers, he was the eldest. He had no male issue. His only daughter, Mt. Sundri, had been married. He had gifted a portion of his lands to Amar Singh and bequeathed the rest to his daughter, Mt. Sundri.

[3] Amar Singh and