The prosecution must prove the cause of death beyond reasonable doubt in cases of suspected poisoning. Credible evidence and precise analysis, including blood samples, are essential for establishing guilt in such cases.

S. NAGAMUTHU, J.

The appellant, the sole accused in S.C.No.41 of 2011 on the file of the learned Sessions Judge, Mahila Court, Perambalur, Perambalur District, has come up with this criminal appeal challenging his conviction under Section 302 of IPC and sentence of imprisonment for life and a fine of Rs.5,000/-in default to suffer rigorous imprisonment for a further period of two years. The trial court has, however, acquitted him from the charge under Section 307 of IPC by giving benefit of doubt.

2.0. The case of the prosecution in brief is as follows:-

The deceased in this case was one Mrs.EIakkiya. The appellant/accused is her husband. They have a female child. P.W.1 is the mother of the deceased. She was residing at Asur Village in Kunnam Taluk. The accused hails from Keelapuliyur Village which is a neighbouring village. The deceased and the accused were residing with their child along with P.W.11, the mother of the accused at Keelapuliyur Village. For quite some time, the accused had gone to Tirupur for collie work. At Tirupur, it is alleged that he had developed intimacy with a girl and he wanted to marry her. He informed the same to the deceased. The deceased resisted and did not agree for the accused to marry the girl at Tirupur. The accused was enraged over the same. This is stated to be the motive for the accused.

2.1. It is alleged that to celebrate Pongal festival, during the month of January, 2010, the accused had come to the house of P.W.1 at Asur village along with the deceased and the child. After pongal meal was prepared, P.W.1 had gone to a nearby shop to purchase camphor. At that time, it is alleged that the accused mixed poison in the pongal meal. Having come to know that some poison had been mixed in the meal, they did not eat.

2.2. Thereafter, it is alleged that on 05.02.2010, at about 12.00 noon, the accused again came to the house of P.W.1. The deceased was at the house of P.W.1 along with her child. The deceased had brought a bottle containing mango frooti. He gave it to the deceased and wanted her to drink. She refused. The accused told her that it was good for allergy in her mouth. Therefore, she drank the same. Then, the accused gave the same to the child. The child also drank. At once, the accused went away from the house of P.W.1. Shortly, thereafter, the deceased vomited. She complained of acute abdominal pain. P.W.1 suspected that in the juice given to her, the accused would have mixed poison. Therefore, P.W.1 immediately rushed the deceased and the child to the Government Hospital at Ariyalur.

2.3. P.W.17, Dr. Senthamarai Kannan, the then Assistant Surgeon, Government Hospital, Ariyalur, examined the child-Mahasri at 02.30 p.m. on 05.02.2010. He was told that the deceased would have taken some unknown poison. The child was drowsy. Her blood pressure and pulse rate were normal. He gave first aid treatment to the child and referred her to Tanjavur Government Medical College Hospital. P.W.15 Dr. Rajendran, the then Assistant Surgeon at Thanjavur R.M. Hospital, treated the child-Mahasri. He found no poison in the body of the child. There was no symptom of any poisoning. Therefore, P.W.15 discharged the child on 11.02.2010.

2.4. The Doctor who examined the deceased at Government Hospital at Ariyalur, declared her dead. Therefore, P.W.1 went to Kunnam Police Station and made a complaint [Ex.P.1] at 06.30 p.m. on 05.02.2010. P.W.19, the then Sub Inspector of Police, on receipt of the said complaint, registered a case in Crime No. 33 of 2010 under Sections 302 and 307 of IPC against the accused. Ex.P.13 is the FIR. Then, he forwarded both the complaint-Ex.P.1 and the FIR-Ex.P13 to the court which were received by the learned jurisdictional Magistrate at 03.20 a.m. on 06.02.2010. In the mean time, P.W.19, handed over the case diary to the Inspector of Police, Kunnam Police Station, for investigation.

2.5. P.W.20, the then Inspector of Police, took up the case for investigation. He proceeded to the pl