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Penal Code (XLV of 1860)------S. 302-Deceased dying of aconite poisoning-Possibility that poison might have been adminis­tered in food by person other than accused-Benefit of doubt given to accused. Meser Ali, Advocate Supreme Court for Appellant. Abdul Hakim, Advocate Supreme Court instructed by A. W. Malik, Attorney for the State. Date of hearing : 11th January 1960. JUDGMENT CORNELIUS, J.-The appellant Bibiran Bewa was granted special leave to appeal against her conviction under section 302, P. P. C. The charge of which she was held guilty after a trial by jury was that she caused the death of her son-in-law Majibar (Rehman) by administering a deadly poison to him, namely, aconite in a meal of rice and milk. Majibar died not long after taking the meal in question. The evidence shows that Jafiruddin Muhammad (P. W. 1) found him staggering in a village lane some time after midday, complaining that there was no one to look after him, and asking that he should be taken to hospital. He stated to the witness, in words which the witness attempted to reproduce in his evidence, as follows :- "I had taken rice with milk in the house of `Burl' and since then I have been feeling -a burning sensation in my chest." The witness accompanied him for a short distance until he collapsed near the house of one Majiruddin and there the witness put him into a cart belonging to Majiruddin. In the meantime the accused Bibiran Bewa with some others came there, and asked that Majibar should be taken to her house, and this was done. There, however, Majibar began to vomit again and was then taken to the hospital, where he died shortly after arrival. Exami­nation of the viscera showed that there was aconite in the stomach and the symptoms of aconite poisoning were displayed by the natural lining of the stomach as well. At the post-mortem examination, by Dr. Ahmad Hossain (P. W. 10), the stomach was found to contain three ounces of greyish liquid and undigested rice and dal. Dr. Ahmad Hossain was questioned by the Court on the point, and this can only have been in view of the repeated evidence to the effect that before he died Majibar had said to many persons that he had taken rice and…

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