Penal Code, 1860–Sec. 302–Conviction–Sustainability–Death by poison–Deceased was a child aged of three years–No symptoms of metallic mercury were found–Relations between the complainant and appellant were inimical–Trial Court relied on the oral dying declaration of deceased–Neither the vomit nor the tablets contained in it were retained–Child eye witness P was also not permitted to come in witness–Dying declaration cannot be held reliable–Held, the appellant is entitled to get the benefit of the doubt.
