Penal Code, 1860–Sec. 302–Conviction by High Court–Sustainability–Circumstantial evidence Death of the wife was caused within a very short span of time after the marriage Cause of death was consuming of hydro cynic acid–Prosecution version that appellant telephoned the deceased to take this substance as ayuvedic contraceptive No telephone record was produced by prosecution–Testimony of prosecution witnesses is unreliable–Prosecution failed to establish the motive–High Court erred in emphasizing the onus to prove the innocence of appellant–Conviction set-aside and order of trial Court restored.
