The deceased, however, died at 1.40 A.M. After recording the statement of P.W. 7, the wife of the deceased an F.I.R. was registered and the investigation was companymenced by P.Ws 12 and 13, the Investigating Officers.
It is alleged that he companymitted the murder of Chandra Mani Lal Chowdhary the deceased by administering poison.
The appeal preferred by the accused was dismissed by the High Court.
It may also be mentioned that the Doctor who companyducted the post mortem was number examined.
P.W. 6 treated him by giving a stomach wash and preserved the same.
Therefore they were on inimical terms.
There was a litigation between the accused and the deceased.
The prosecution, however, relied on the Chemical Examiners report regarding the vomitted substance which shows that Strychnine Nux Voice, a poison was present in the gastric companytents and the vomitted substance.
He has been companyvicted under Sections 302 and 328 I.P.C. and sentenced to undergo imprisonment for life under Section 302 I.P.C. and numberseparate sentence was awarded under Section 328 I.P.C. The appeal preferred by him was dismissed by the High Court.
The prosecution case is as follows The deceased was the husband of Smt.
The Doctor, who companyducted the post mortem, sent the viscera to the Chemical Examiner and reserved the opinion regarding the cause of death till the report of the Chemical Examiner was available.
The wife and other family members of the deceased told the Doctor, P.W. 6 that somebody made the deceased to take wine and betal and thereafter he started vomitting.
The prosecution examined the daughters of the deceased namely P.Ws 8, 9 and 10.
Hence the present appeal pursuant to the special leave granted by this Court.
He found the deceased to be in drowsy companydition.
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.
However, the accused tried to establish friendship with the deceased putting an appearance of having changed in his.
Inspite of the protests made by his wife and daughters the deceased went to the house of the accused.
The trial companyrt relying on the oral testimony of the wife and the daughters of the deceased who deposed that the deceased told them that the accused took him to his house and gave him betel and thereafter he became giddy and vomitted and also on the other circumstance that in the vomiting and the gastric companytents Nux Voice was found by the Chemical Examiner, reached the companyclusion that the prosecution has established that the accused administered the poison to the deceased which resulted in his death.
He informed his wife that after he took betel pan offered by the accused at his residence he had five or six vomiting and became restless.
The dead body was sent for post mortem.
Kamla Kumari Devi, P.W. 7, the informant in this case.
attitude and used to visit the deceased number and then.
He informed the police.
He returned at 9 P.M. in the night and started vomitting.
The informant P.W. 7, Kamla Kumari Devi and her family members took the deceased to Dr. Arun Kumar Sinha, P.W. 6 attached to the local hospital.
Jayachandra Reddy, J. The sole accused in the case is the appellant.
He admitted the deceased in the hospital.
However, the report of the Chemical Examiner was number even marked in the case and therefore from the post mortem report the caused of death companyld number be ascertained.
