The absence of poison detection in the viscera does not negate the prosecution's case if circumstantial evidence points to the guilt of the accused.

(Appeal against the judgment dated 28.1.1994 made in S.C.No.141 of 1993 on the file of the Principal Sessions Judge, Coimbatore.)

M. Karpagavinayagarm, J.

On 4.8.1992 at about 2.00 am Ponnusamy, the appellant herein administered poison to his wife Rajammal by providing Oleander seeds mixed with halwa, as a result of which the deceased Rajammal died at 9.30 am at the General Hospital, Coimbatore. In respect of this accusation, the appellant was tried for the offence under Section 302 I. P.C and convicted thereunder. Challenging the same, the present appeal has been filed.

2) The necessary facts leading to the filing of this appeal are summarized as follows:

a) Eleven months prior to the date of occurrence, the marriage between Rajammal, the deceased and Ponnusami, the accused was held. The accused was working as a watchman in P.S.G.V textiles at Narasimanaicken Palayam. At the time of marriage, 3 sovereigns of gold jewels were given by P.W.6, the mother of the deceased. Some months later, when PW6 came to visit the house of the accused, she found that those jewels were missing. When enquired about this, the deceased told her that on the request of her husband, she handed over the same to him. During Deepavali, PW6 provided cloths and cash of Rs.100/-.

b) During the first three months, both the deceased and the accused were living happily. But later, the deceased was not allowed to take bed with him. When this was informed by the deceased to PW6, she requested her son Rengasamy to enquire about the same. Accordingly, Rengasamy met the accused and asked about the reason. The accused told him that he was observing silence for about three months. From then onwards, there was no cordial relationship between the accused and the deceased, though they were living under the same roof.

c) They were living in a rented house belonging to PW5, Karunakaran. PW1 Natarajan and PW2 Rajeswari, who are husband and wife, were residing in the house situated nearby. PW3 Lakshmi was staying in the house just opposite to the house of the accused.

d) On 1.8.1992, the accused went to the Mill and applied for permission for two days leave from PW9, the supervisor of the mill and left the mill. On 3.8.1992, the accused was found collecting Oleander seeds (Arali seeds) from a tree. This was witnessed by PW11 Easwaran. When asked about the reason for collecting the seeds, the accused told him that he was collecting the same for the purpose of making medicine. This was at about 5.30 pm. At about 8.00 p.m on 3.8.1992 , PW7 Kadirvelu and PW8 Viswanathan met the accused, who was sitting near the temple and conversed with him. All the three decided to go to night film show. Accordingly, at about 9.00 p.m., they went to the theatre and witnessed film show. Thereafter, all the three came back home. The accused came back at 1.30 am and entered into the house along with a parcel carrying in his hand. This was witnessed by PW4 Nagaraj, who was then working as a Contractor supervising the construction work of a building. PW5 Karunakaran also saw the accused entering into the house. At about 4.30 am early morning on 4.8.1992, the accused came out of the house. When PW4 Nagaraj asked him as to where he was going during that time, he told him that he was going to temple.

e) PW3 Lakshmi left her house at 5.30 a.m. and went to the market and purchased some vegetables and came back at 6.30 a.m. On hearing that the deceased Rajammal was crying out of pain, she went and saw her and at that time, the deceased Rajammal told her that her husband/ accused gave halwa in the night and after eating the same, she developed chest pain and dysentery. PW3 and PW4 took the deceased to hospital at about 7.30 am. PW13, the Doctor attached to Shanmugapriya Clinic examined the deceased, to whom the deceased told that she ate halwa given by her husband. Since her condition was so serious and she vomited some yellow colour substance, the Doctor suspected it as oleander poison and so he