In cases of poisoning, the prosecution must prove each element of the crime beyond a reasonable doubt; mere suspicion is insufficient for conviction.

JUDGMENT

Bhavadasan, J, The appellant, accused, who was prosecuted for the offences punishable under Sections 302, 307 and 309 Indian Penal Code were found guilty of all the offences. She was therefore convicted and sentenced to suffer imprisonment for life for the offence punishable under Section 302 IPC. She was also sentenced to suffer rigorous imprisonment for three years for the offence punishable under Section 307 IPC and also sentenced to suffer simple imprisonment for six moths for the offence punishable under Section 309 IPC. The sentences were directed to run concurrently.

2. The accused, who was an orphan, was married by P.W.2. They had three children aged four and a half years, two and a half years and three months respectively. The prosecution allegation is that the children were suffering from continuous illness and that had worried the mother. Unable to put up with the trauma, the prosecution would say that she administered poison to two of her children and consumed poison herself. Except her younger child, who was only two and a half years at the relevant time, the appellant and her daughter survived. P.W.1, who had come to know about the incident had occasion to take the children to the hospital. When he reached the house of P.W.2 and the accused, he found that several women had already gathered there. He says that when he took the child to the hospital, he felt smell of acid. He laid Ext.P1 first information statement. P.W.9, the Sub Inspector of Police recorded Ext.P1 first information statement and registered Ext.P1(a) FIR. Investigation was taken over by the Sub Inspector of Police concerned. He went to the place of occurrence and had Ext.P6 scene mahazar prepared. He conducted inquest over the body of the younger child and prepared Ext.P7 inquest report. He had the body sent for postmortem examination. P.W.5, the Forensic Surgeon conducted autopsy over the body of the younger child and prepared Ext.P4 postmortem certificate. He had the internal organs sent for chemical examination and obtained Ext.P9 certificate. He completed investigation and laid charge before court.

3. JFCM, Mannarkkad, before whom final report was laid took cognizance of the offences. On appearance of the accused before the said court, all legal formalities were complied with. The learned Magistrate found that the offences are exclusively triable by a court of Sessions and accordingly committed the case to Sessions Court, Palakkad. The said court made over the case to Additional Sessions Court Fast Track No.III, Palakkad for trial and disposal.

4. The latter court, on receipt of records, issued summons to the accused and she entered appearance. After hearing both sides, charge was framed for the offences punishable under Sections 302, 307 and 309 IPC. To the charge the accused pleaded not guilty and claimed to be tried. Prosecution therefore had P.Ws. 1 to 11 examined Exts.P1 to P10 marked. Exts. X1 and X2 were marked as court exhibits. After the close of the prosecution evidence, the accused was questioned under Section 313 of the Criminal Procedure Code. She denied all the incriminating circumstances brought out in evidence against her and maintained that she is innocent. Finding that the accused could not be acquitted under Section 232 Cr.P.C., she was asked to enter on her defence. The accused chose to adduce no evidence. On a consideration of the evidence before it, the trial court found that the offences have been established against the accused. She was convicted and sentenced as already mentioned. The said conviction and sentence are assailed in this appeal.

5. The question that arises for consideration is whether the court below was justified in coming to the conclusion that the prosecution has proved the case against the accused.

6. The short allegation is that the accused, unable to put up with the illness of her children, which was very frequent, administered poison to two of her own children and then consumed poison herself.