( 1 ) THE appellant, aged about 55 years, and registered as 3 homoeopathic medical practitioner at the relevant time at the Akodia Mandi in the Dist of Shajapur, has been. convicted by the learned Sessions, Judge Shajapur under Section 302, 1. P. C. , for the murder of Deobai, wife of Gopal Rajput, aged about 20 years, by administering to her a quantity of extract of stramonium (Dhatura), and also a full leaf of the same plant, knowing or having reason to know that the leaf as well as the extract are extremely poisonons, and in the manner and quantities administered, certain to cause death of the patient, and not indicated in any recognized system and certainly not in homoeopathy as the proper medicine for the disease that he was ostensibly treating, namely, "naru" or guinea-worm.

( 2 ) IN the lower Court as well as here, the ques tions were the following. On the facts whether he did give the patient either the fresh leaves or the ex tract of stramonium or both, and not merely what he calls the appropriate treatment ("yogya ilaj") whatever that might mean; and whether beyond reason able doubt, the woman's death was the result of dhatura poisoning. Thirdly, that even on