Navkar, J.

1. This is an appeal against an order of conviction by the Additional Sessions Judge, Datia, in Sessions Trial No. 75 of 1976 convicting the appellant under section 304 and 328 of the Indian Penal Code and sentencing him to three years' rigorous imprisonment on each count with the direction to run the sentences concurrently, given through judgment dated 22-1-1977.

2. This is a case causing the death of Guddan son of Mahabir Prasad and causing hurt of several persons by means of poisoning the milk. Accused Santosh Kumar and Shankar Prasad have been charged under section 304 read with section 34, I.P.C. and section 328 read with section 34, I.P.C. but only Santosh Kumar has been convicted as mentioned above, while the other accused has been acquitted of the charges.

3. The prosecution story in short is that Ramkishan alias Lalla of Kheri (PW 7) was, distributing the milk for the past 7 or 8 years, in the police Lines Datia and to the Hotels near the Octori post near the police lines He used to distribute his milk in the residential quarters of the police lines and he had a milk shop at Tegelia where he used to sell his milk to the public. At the relevant time accused