K. Jayachandra Reddy, J. - The sole accused in the case is the appellant. He has been convicted under Sections 302 and 328 Indian Penal Code and sentenced to undergo imprisonment for life under Section 302 Indian Penal Code and no separate sentence was awarded under Section 328 Indian Penal Code. The appeal preferred by him was dismissed by the High Court. Hence the present appeal pursuant to the special leave granted by this Court. It is alleged that he committed the murder of Chandra Mani Lal Chowdhary (the deceased) by administering poison. The prosecution case is as follows :

"The deceased was the husband of Smt. Kamla Kumari Devi, PW 7, the information in this case. There was a litigation between the accused and the deceased. Therefore they were on inimical terms. However, the accused tried the establish friendship with the deceased putting an appearance of having changed in his attitude and used to visit the deceased now and then. On 7.2.79 at about 7 p.m. the accused visited the house of the deceased and requested him to go to his house. Inspite of the protests made by his wife and daughters the deceased went to the house of the accused. He returned at 9 p.m. in the