Burn, J.

1. The appellant in Cr. Ap. No. 769 was accused 2 and the appellant in Cr. Ap. No. 772 was acoused 1 in S.O. No. 89 of 1940 tried by the learned Sessions Judge of Kurnool. The charge against the accused was that accused 1 at the instigation of accused 2 had murdered Pedda Eangadu, the husband of accused 1, by means of poisoning. The prosecution theory was that the two accused were on terms of illicit intimacy, and that Pedda Eangadu was also incensed against accused 2 because accused 2 was keeping as his concubine the aunt of accused 1. In these circumstances the case was that accused 2 had supplied accused 1 with powdered root of aconite which accused 1 had mixed with the food prepared and served by her to her husband on the evening of 3rd July last.

2. Pedda Eangadu died at about 10 P.M. on 3rd July and there is no reasonable doubt about the fact that he died of poisoning. The chemical examiner certified that "aconte" was found in some vomited matter sent to him for inspection. This was matter which Pedda Eangadu had vomited some time after he took his evening meal. "Aconitine" was also found by the ohemioal examiner on some bits of rag which were produced by accus