PUBLIC PROSECUTOR Vs. RAMANATHAM PILLAI

JUDGEMENT

(1.) THIS is an appeal by the Provincial Government against the acquittal of the respondent of an offence under Section 328, Indian Penal Code. The respondent is stated to have caused arsenic to be mixed in the food of P. Ws. 4 and 5 through P.W. 3, a girl aged 13 years, with intent to injure them; and according to the prosecution, P.W. 3 was an innocent agent. The Assistant Sessions Judge convicted the respondent on her evidence; and on appeal he was acquitted by the Sessions Judge on the ground that P.W. 3 was an accomplice. Hence this appeal, and the view of the Sessions Judge that P.W. 3 was an accomplice cannot be supported. The order of acquittal is therefore set aside and the appeal is remanded to the Sessions Judge for disposal on the merits.