DHARAM DAS WADHWANI versus STATE OF UTTAR PRADESH

Citation: [1974] 3 S.C.R. 607 · Decided: 14-03-1974 · Supreme Court of India · Bench: HANS RAJ KHANNA · Disposal: Dismissed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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DHARAM DAS WADHWANI 
v. 
STATE OF UTTAR PRADESH 
March 14, 1974 
[H. R. KHANNA, & V. R. KRISHNA !YER, JJ.] 
Practice-Criminal Trial-Circun1stantial 
evidence-Appreciation 
of 
607 
The accused, a compounder in a hospital was charged with the offence under 
s. 328 I. P. C., of administering poison to one of the two doctors of the hospital. He 
was acquitted by the trial court but found guilty by the High Court. Dismissing 
the appeal to this Court, 
HELD : The critiCal rule of proof by circumstantial evidence, is that such· 
testimony can be the probative basis for conviction only if one rigorous test is satis-
fied, namely, that the circumstances must make so strong a mesh that the inno-
cence of the accused is wholly excluded itnd on every reasonable hypothesis the 
guilt of the accused must be the only inference. Every evidentiary circumstance 
is a probative 
link, strong, 
or weak, 
and must be made out with certainty. 
Link after link forged firmly by credible testimony may form a strong chain of 
sure guilt binding the accused. Each link, taken separately, may just suggest 
but when hooked on to the next and on again may manacle the accused inescapably. 
On~y then can a concatenation of incriminating facts suffice to convict a man. 
If a reasonable doubt arises regarding the guilt of the accused, benefit of that doubt 
cannot be withheld from him. But proof beyond reasonable doubt cannot be 
distorted into a doctrin~ of acquittal when any delicate or remote doubt flits past 
a f<~ble mind. [611E, G·H, 6I2A-B] 
In the present case, the accused bore a grudge against the victim. When he 
was requested by the victim to bring aspirin he brought it in two packets. There 
were traces of strychnine crystals in the paper of the packet from which the victim 
had swallowed what he thought was aspirin, and an analysis of the stomach wash 
showed that he had consumed strychnine. The accused falsely denied that there 
was any stock of strychnine. He took a quarter of an hour to get the aspirin, 
suggesting that he went into the store room to take out a little strychnine. The 
circumstance that the two packets contained different substances-aspirin in one 
and strychnine in another-shows that the accused took the powders from 2 differ .. 
ent bottles, eliminating the possibility of an accident. 
When another doctor asked 
him a searching question about the aspirin the accused was seen to be trembling, 
The accused never showed any anxiety to save the victim. In the commital court 
he took a false plea of denial and modified his plea in the Sessions Court to present -
a plausible defence. These circumstances lead to the only reasonable inference 
that he is guilty, and the other likelihoods are mere possibilities. [612C~G] 
S. S. Bobade v. Slate of Maharash_tra (1973] 2 SCC 801 and Kali Ram v. Slate 
of Himachal Pradesh A. I. R. 1973 S.C. 2773 followed. 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 222 
of 1970. 
Appoal by leave from the Judgment and Order dated the 15th 
January, 1970 of the Allahabad High Court at Allahabad in Govern-
ment Appeal No. 132of1967. 
Nuruddin Ahmed, B. P. Singh AND A. K. Varm1, for the Appe[-
lant, 
0. P. Rana for the Respondent. 
The Judgment of the Court was delivered by-
KRimNA !YER, J.-A few facts with unique features, attracting 
a recondite provision of the Penal Code, constitute the subject-matter 
608 
SUPREME COURT REPORTS 
[ 1974] 3 S.C.k. 
of the criminal case which ended in an acquittal in the sessions Court 
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reversed at the appellate level and is re-agitated before us in this appeal 
by special leave. 
The offence for which the accused has been punished is one under 
s. 328, I. P. C., for administering poison to a doctor by a compounder 
with intent to cause hurt. We did bestow anxious reflection on the 
materials placed before us in the light of the submissions made by 
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counsel for the appellant, Shri Nuruddin Ahmed, but, with due re-
gard to their peculiarities and probabilities, we have established our-
selves on·the conclusion that the High Court has held right that the 
accused is guilty of the offence charged. 
The prosecution case, in brief, takes us to a small hospital scene 
where we have two medical officers, P. Ws. 2 and 3, a compounder-
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the accused, and a peon, Badri. 
The senior doctor, P. W. 2, arrives 
in the hospital around 9 · 30 a.m. with a bad headache and asks the 
accused, appellant for ten grains of aspirin. Some 12 or 1

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