EMPEROR Vs. SHETYA TIMMA WADDAR

JUDGEMENT

(1.) In this case the two convicts, Shetya Timma Waddar and Tippava kom Shetya, were committed to the Sessions-Court at Dharwar on a charge of murder, Section 302, Indian Penal Code, in that they had caused the death of three persons, Karshiddappa, Mallappa and Nabisab, by administering poison with the intention of causing such bodily injury as they knew to be likely to cause death. The learned Sessions Judge held it proved that the two accused did administer dhatura to these three persona and thereby caused their death. But he held that there were no sufficient grounds for holding that these two accused knew that they were likely to cause death by the administration of dhatura. Consequently, he acquitted them of the charge under Section 802, Indian Penal Code, and convicted them under Sectoin 325, Indian Indian Penal Code. There was another charge against the two convicts at the same trial in that at the same time and place they had administered poison to two other persons, by name Gadigeppa Hadagli and Govind-gauda Shankargauda, with intent to facilitate the commission of an offence, namely, robbery. The two convicts were convicted by the Court on that charge. The Sessions Judge sentenced them to suffer rigorous imprisonment for seven years on the charge under Section 325, and another period of rigorous imprisonment for seven years under Section 328, Indian Penal Code, the two sentences to be consecutive. The Government of Bombay have appealed against the acquittal of the two accused under Section 302, Indian Indian Penal Code, and we have heard the learned Government Pleader and the pleader appointed for the accused.

(2.) The appeals, which were presented by the two convicts against their convictions, have already been summarily dismissed, and nothing has been urged before us that in any way suffices to justify our differing from the view taken by the lower Court that these two convicts did administer dhatura and so caused the death of these three persons.

(3.) The main question that arises upon this appeal is, whether the evidence adduced suffices to establish that the two accused did the act of administering this poison with the knowledge that they were likely by such act to cause death. If that is established, then the offence falls within the definition of culpable homicide under 299, Indian Penal Code,