1923 (8) TMI 2

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..... that Musammat Chando might knit him something. He also asked her brother to get him some earth from below her left foot. He then tried to get some sweets sent to her through one Manohar, who refused to take them. Ultimately he persuaded Kanhaiya, a boy of about 12 years of age, to take five peras, one of which is said to have contained dhatura, in order that they might be given to Musammat Chando and other members of her family. There can be no doubt that Kanhaiya did distribute these peras to various people, including Musammat Chando. All the persons who took these peras showed symptoms of poisoning. This was in the evening of the 1st of May, 1923. A private practitioner Dr. Dikshit was sent for about 9.15 p.m. and he noticed that Musamma .....

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..... pported by the evidence of halwai who sold the peras to the accused, as well as of Piarey Lal, a passer-by who saw him purchase them and handing them over to Kanhaiya Lal, who was standing close to the confectioner's shop, conclusively establishes that the accused had handed over the peras to Kanhaiya Lal, which were distributed to the per-sons already mentioned. 3. On behalf of the appellant it has been argued very strenuously that he must have been under a mistaken belief that these peras would act as a love philtre, and his only object in making Musammat Chando eat them was to make her love him. 4. It is also suggested that as Kanhaiya Lal is the son of a local hakim, it is highly probable that it was he who had procured this d .....

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..... peras, was a drug other than the one which the doctors say must have been. If it was sought to be shown that a mistake had been made, and owing to such mistake a wrong drug had been mixed up, it was the duty of the accused to show it. There was no plea of this kind put forward, nor any evidence led. The evidence of Kanhaiya Lal if believed, negatives it altogether. In any case I am not prepared to assume that the accused was not aware that the drug which was mixed in one of the peras at least, was anything but dhatura, which the doctors found to have been the drug. Dhatura is a very common drug, and it is well known that it is poisonous. 'A' person of the age of the accused must be presumed to know that such a drug is poisonous. If .....

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