DIP SINGH Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal from a conviction under Section 328 and Section 458-75 of the Indian Penal Code. The prosecution case is that on the 6 January last the accused sold some flour to the complainant Bhaggi, a money-lender, which had been poisoned with dhatura; that his children partook of the loaves of bread made of it and were taken ill; and that the accused with three others entered the complainant's house during the night and caused injuries to him.

(2.) The learned Sessions Judge is unable to believe the oral evidence for the prosecution. According to him "the case against Dip Singh must depend on whether the Court believes his confession."

(3.) The facts that Bhaggi's relations, who partook of the bread, ware poisoned and that Bhaggi himself was assaulted during the night, admit of no doubt. The only question is whether the complicity of Dip Singh has been established by the evidence.