V.G.PALSHIKAR,J. - (1.) THIS appeal is directed against the order of conviction passed by the learned Addl. Sessions Judge, Nagaur on 22.3.1985 in Sessions Case No. 54/84 by which he convicted the accused -appellant for offence under Section 307 I.P.C. to suffer four years rigorous imprisonment and a fine of Rs. 500/ - (Rupees five hundred only) and in default of payment of fine, to suffer three months rigorous imprisonment.
(2.) WITH the assistance of the learned Counsel for the accused -appellant and the learned P.P., I have scrutinised and reappreciated the evidence on record. The prosecution story which emerges from reappreciation of evidence stated briefly is that victim, who is husband of the accused Umrao was suffering from ailment and under the pretext of giving him medicine, he was administered sulphuric acid by the accused, who is wife of the victim, as a result of that he suffered seriously. The appellant. was charge sheeted under Section 307 I.P.C. for attempting to murder the husband and on appreciation of evidence as aforesaid, the learned Judge found her guilty of the offence and convicted her as aforesaid.
(3.) THERE are several lacunae in this case, which create doubt in the mind of a reasonable man regarding truthfulness of the prosecution story. There is evidence on record that immediately on taking the poison or sulphuric acid as it is later on proved or the victim spitted out whatever was taken by him and vomitted also. There is no evidence on record to show as to what amount of sulphuric acid was sought to be administered by the accused. There is no evidence on record to prove as to what quantity is necessary for killing a man or administering sulphuric acid. There is no evidence on record to show that the sulphuric acid administered to the accused was sufficient in the ordinary course of nature to cause death. There is no evidence on record in regard to motive for the wife to administer poison to the husband. Whatever has been deposed by the witnesses is grossly insufficient to constitute motive. In view of these lacunae in the prosecution case, it is unreasonable to convict the accused for offence under Section 307 I.P.C. for attempting to murder her husband when there is no evidence of intention to commit murder or of the knowledge that administration of sulphuric acid would result in death in the normal course.;