A. Packiaraj, J.: This is an unfortunate case in which two women met with the death due to Cyanide Poison. The first of the deceased Saroja was a resident in a portion of the house of the other deceased Egambal at Arantangi Pudukottai Road. They were done to death by administration of Cyanide by the accused/appellant Ramasamy at 12.00 noon on 2.9.1995, when he stuffed the said Cyanide powder inside a laddu and gave it to Saroja, claiming it to be Tirupathi Prasadham. Thereafter, the appellant Ramasamy at about 2.30 p.m, put the Cynaide powder in a capsule and gave it to the second deceased, namely Egambal, claiming it to be a medicine and thereby caused the death of the two said women. The charges were framed accordingly and the accused appellant pleaded not guilty and hence the trial.

2. The prosecution case in brief may be stated as follows:

Deceased No.1 Saroja was aged about 60 years and was living with her husband Vaithialingam Asari in a portion of the house at Pudukottai Arantangi High Road, behind VSR Petrol Bunk. The owner of the said house was one Egambal who is aged about 43 and a spinster, living in the other portion of the said house along with P.W.3 her nephew, a student. The said Egambal was a teacher by profession, in addition to being a noon-meal organiser. On 1.9.1995 the deceased Egambal requested P.W.2 who was in a way related to her and was also a resident of the neighbourhood, to spare some money, so that she could repay her loan, obtained by her from one Ravi. She also stated that she is having Rs. 1,700 with her and that she wanted Rs. 1,200 more in order to pay off the loan. P.W.2-Jothimani replied that he would pay the amount the next evening and on the next evening at about 6.00 clock when P.W.2 - Jothimani went to the house of Egambal apparently to give the money demanded by Egambal, he found the doors open. But however, there was no signs of any movement, hence he called out the name Mohan Raj, examined as P.W.3, who was also staying in the said house being related to Egambal and was carrying on his studies in Arantangi High School. There was no response. Hence he went to the rear side of the house, where he found the body of Egambal lying down with eucalyptus leaves covering the same. On removing the leaves, he found Egambal to be speechless. He raised an alarm and on hearing the alarm, the neighbours had come. Simultaneously he went to the other portion of the house to enquire about this to Saroja and to his surprise, he found her lying flat speechless. Hence, he informed the neighbours to look after them, while he went in search of a taxi and brought the same with an idea of taking the injured to the hospital. But however, the neighbours informed him that both of them have died. So immediately he went to Neivathali and informed the matter to the relations of Egambal and P.W.3 the nephew of the deceased and all of them came in the taxi back to the village.

3. P.W.4 - Rajendran a village menial having come to know from the villagers that two persons had been found dead under suspicious circumstances, went and reported the matter to the Village Administrative Officer, examined as P.W.1 in this case. P.W.1-Athmanathan in turn went to Arantangi Police Station and gave a report to P.W.16 - Jothi, the Sub Inspector of Police at 8.30 p.m, who registered it in Crime No. 1018 of 1995 for an offence under Sec. 302, I.P.C. He prepared Ex.P-31, the express report and sent the originals to the Court and the copies thereof to his superior officers.

4. P.W.23 - Mahendran, the Inspector of Police on receipt of the express First Information Report went to the scene of occurrence, prepared Observation Mahazars Ex.P-2 and Ex.P-4 relating to Egambal and Saroja respectively, attested by independent witnesses. He also prepared a Rough Sketch Ex.P-38. He seized Blood Stained Cement Karai - M.O.6 earth and M.O.7 - Sample Earth under Ex.P-3 mahazar and continued his investigation for holding an inquest over the bodies from 1

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