JUDGMENT P. V. HARDAS, J. :- The Appellant, who stands convicted for an offence punishable under Sections 302, 307 and 397 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.5,000/- in default of which to undergo further imprisonment for six months, R.I. for 10 years and to pay fine of Rs.5,000/- in default of which to undergo further R.I. for six months and R.I. for 10 years and to pay fine of Rs. 5,000/- in default of which to undergo further imprisonment for six months by the II Additional Sessions Judge, Thane, by Judgment dated 23.8.2005, in Sessions Case No.195 of 2004, by this Appeal questions the correctness of his conviction and sentence. 2. Facts as are necessary for the decision of this Appeal may briefly be stated thus. PW-13 PSI Shivaji Shenoalkar, who, on 7.1.2004, was attached to Kashimira Police Station, was entrusted with the investigation. He accordingly visited the scene of the offence which was in Dwivedi Complex, Flat No.601. A dead body was noticed there and accordingly, an inquest panchnama was drawn at Exhibit 84. Thereafter, scene of the incident panchnama was drawn in the presence of panch as at Exhibit 85. From the scene of the offence, sample of blood stains which were found in the kitchen and bed room, a liquor bottle, a glass smelling of liquor, white powdered substance found in a plastic bag were seized. PW – 13 PSI Shenoalkar was made informed that wife of deceased i.e. PW-2 Hansaben had been admitted in the Bhagwati Hospital and therefore, proceeded to the Bhagwati Hospital. PW-2 Hansaben was unable to speak and therefore, gave her statement in Gujarati in writing at Exhibit 37. On the basis of the said statement, an offence vide Crime No.12 of 2004 was registered. PW-11 API Bhimrao Tele, who was attached to the Mira Road Police Station was entrusted with the investigation after initial investigation had been done by PW-13 PSI Shenoalkar. PW-11 API Tele recorded the statements of witnesses and supplementary statement of Hansaben. The Appellant was arrested under arrest panchnama at Exhibit 9. During custodial interrogation, the Appellant expressed his willingness to point out the place where gold ornaments had been melted as well as the shop to whom the mobile was sold. PW-11 API Tele recorded the statements of witnesses and supplementary statement of Hansaben. The Appellant was arrested under arrest panchnama at Exhibit 9. During custodial interrogation, the Appellant expressed his willingness to point out the place where gold ornaments had been melted as well as the shop to whom the mobile was sold. A memorandum to that effect was drawn in the presence of Panch as at Exhibit 52-A. The Appellant led the Police and the Panch to the shop of one Jitendra and pointed out the place where the gold ornaments had been melted. Pieces of bricks and die were seized from that place. The Appellant then led the Police and the Panch to the shop of PW-7 Mr. Vinod Tated. From the shop of Vinod, a mobile hand set of Nokia Company was discovered which was seized. The Appellant then led the Police and the Panch to the shop of a Jeweller, who produced a gold bar sold to him by the Appellant. The goldsmith also produced the receipt in the name of the accused and the gold bar which was found to be weighing 29.860 grams was seized. A panchnama was accordingly recorded at Exhibit 52-B. On the next day the Appellant during custodial interrogation expressed his willingness to point out place where a knife and his clothes had been concealed. A memorandum to that effect was drawn in the presence of panchas at Exhibit 66-A. The Appellant led the Police and the Panch to a bridge near the Bhayander Creek and after walking for about 15 to 20 minutes, produced a plastic bag containing his shirt, pant, a knife and a small plastic bag containing white powder. The articles were seized under seizure memorandum at Exhibit 66-B. The seized property was accordingly deposited in the maalkhana under the receipt at Exhibits 72, 73 and 74. The seized articles including blood sample of injured PW2 Hansaben were forwarded to the Chemical Analyzer under requisition at Exhibit 70. The blood sample of the Appellant was also drawn and was sent to the Chemical Analyzer. The reports of the Chemical Analysis are at Exhibits 75 and 76. Vide Exhibit 77, the Executive Magistrate, Thane was requested to conduct the test identification parade and accordingly, a test identification parade was conducted by PW-9 Gopal Pashte. The blood sample of the Appellant was also drawn and was sent to the Chemical Analyzer. The reports of the Chemical Analysis are at Exhibits 75 and 76. Vide Exhibit 77, the Executive Magistrate, Thane was requested to conduct the test identification parade and accordingly, a test identification parade was conducted by PW-9 Gopal Pashte. Further to the completion of investigation, a charge-sheet against the Appellant was submitted, PW-2 Hansaben was initially examined by PW-3 Dr. Girija Tulpule. PW-3 Dr. Tulpule noticed the following external injuries on PW2 Hansaben :- 1. CLW on neck - 6 x 2 cm at the level of local cords, Thyroid cartilage and vocal cords seen through the wound, left vocal cords partially injured. 2. Small incised wound on left side of the neck - 2 x 0.5 cm. 3. CLW Bilateral ear lobes 2 x 0.5 cm. 4. Scratches on left side of neck. 5. Incised wound on left wrist 4 x 0.5 skin deep. 6. Incised wound ventral surface of left writst 2 x 0.5 cm skin deep. 7. 5 small 1 cm incised wound on all fingers of left hand distal phalanges. 8. Incised wound on right wrist ulnar side 2 x 0.5 cm skin deep. 9. Incised wound on right ring finger 2 x 0.5 cm skin deep. 10. Incised wound on right thumb base 3 x 0.5 cm skin deep, and on pulp 4.05 cm skin deep. 11. Incised wound on right middle finger pulp. 12. Small 2-3 incised wound on chin. According to PW-3 Dr. Tulpule, Injury No.1 was grievous and it could have caused death in ordinary course of nature. The remaining injuries were simple in nature. The injury certificate is at Exhibit 39. According to PW-3 Dr. Tulpule, the injuries could have been caused by a sharp object. PW-2 Hansaben had been operated for the neck injuries on 7.1.2004. PW3 Dr. Tulpule was also present when the statement was given by PW-2 Hansaben in writing. Postmortem on the dead body of deceased Velgibhai was conducted by PW-4 Dr. Ramchandra Dhotre, who noticed that yellowish red colour fluid was seen in the mouth and both nostrils. In both lungs alcohol was present and lungs were voluminous and frothy. The stomach contained fluid and semi digested food as well as alcohol. According to PW-4 Dr. Dhotre, deceased was under the influence of alcohol. He reserved his opinion. Ramchandra Dhotre, who noticed that yellowish red colour fluid was seen in the mouth and both nostrils. In both lungs alcohol was present and lungs were voluminous and frothy. The stomach contained fluid and semi digested food as well as alcohol. According to PW-4 Dr. Dhotre, deceased was under the influence of alcohol. He reserved his opinion. The postmortem report is at Exhibit 19. PW-4 Dr. Dhotre suspected that it was case of poisoning and therefore, viscera was preserved and was referred for chemical examination. The report of the Chemical Analyzer at Exhibit 47 was about finding of 24.5 ml. and (0.38 ml.) of cyanide calculated as sodium cyanide per 100 gms. respectively. Thus, 24.5 ml. of the sodium cyanide per 100 gms. was found in the viscera in bottle no.1 which was the stomach and its contents while 0.38 ml. of sodium cyanide per 100 gms. was found in bottle no.2 which contained lungs, spleen, kidney and heart. The Medical Officer therefore opined that death was caused due to cyanide poisoning. 3. On committal of the case to Court of Sessions, Trial Court, vide Exhibit 2 framed charge against the Appellant for offence punishable under Sections 302, 307 and 397 of the Indian Penal Code. The Appellant denied his guilt and claimed to be tried. Prosecution in support of its case examined 14 witnesses. The defence of the Appellant is of denial. The Trial Court upon appreciation of the evidence convicted and sentenced the Appellant as aforestated. 4. In order to effectively deal with the submissions advanced before us by the learned Counsel for the Appellant and the learned APP, it would be useful to refer to the evidence of the prosecution witnesses. PW - 2 Hansaben, wife of deceased Velgibhai and a victim of assault at the hands of the Accused deposes that she was residing alongwith her husband and her son Keyur at Trivedi Complex, Sheetal Nagar at Mira Road. Her daughter Jalpa was staying in a Hostel at Amreli while her son Keyur was residing with her. Her other son Vaibhav was residing with her brother in Gujarat. According to her, her husband deceased Velgibhai was working in a diamond cutting factory at Dahisar. According to her, she knew the Appellant who was the friend of her husband since last 3 to 4 years. Her other son Vaibhav was residing with her brother in Gujarat. According to her, her husband deceased Velgibhai was working in a diamond cutting factory at Dahisar. According to her, she knew the Appellant who was the friend of her husband since last 3 to 4 years. The Appellant had disclosed his name as Raju but later on PW - 2 Hansaben learnt that the name of the Appellant was Vinod. According to her, she was knowing the Appellant who used to visit her house for meeting deceased Velgibhai. On 7.1.2004, Hansaben had gone to the bus stop for reaching her son who was to board the bus at 10.00 a.m. for going to the school. While Hansaben was returning from the bus stop she met the Appellant at the ground floor. The Appellant informed her that the door of the house was closed and so he would return after eating paan. PW-2 Hansaben went to her house and noticed that her husband was present. Hansaben started washing clothes in the bath room and after some time, the Appellant came to her house. Her neighbour PW-5 Pooja also came to her house. Pooja had put a cassette and was listening to the hymns. The Appellant was talking with PW-5 Pooja. After about 10 minutes, PW-5 Pooja left the house. The Appellant had brought a bottle of liquor and offered liquor to Velgibhai. Both of them started consuming liquor. PW-2 Hansaben went to the inner room for spreading the clothes for drying. She heard her husband coughing and therefore, asked the Appellant from the inner room as to why Velgibhai was coughing. The Appellant replied that there was nothing and immediately entered the inner room. The Appellant offered some white substance to PW-2 Hansaben and told her to eat it as it was "Prasad". Hansaben tasted the white substance but spat it out. The Appellant again gave the same substance and asked her to eat it. Hansaben however did not eat it and threw it aside and rushed to the kitchen for rinsing her mouth. The Appellant came near her, caught her hair and started assaulting her with knife. The Appellant dealt blows of knife on the neck, stomach and on the left hand of Hansaben. When Hansaben tried to catch the knife, she sustained injuries to both her palms and fingers. The Appellant came near her, caught her hair and started assaulting her with knife. The Appellant dealt blows of knife on the neck, stomach and on the left hand of Hansaben. When Hansaben tried to catch the knife, she sustained injuries to both her palms and fingers. The Appellant thereafter snatched the ear rings forcibly due to which the ear lobes of Hansaben were cut. The Appellant also attempted to snatch the gold chain and also attempted to remove the gold bangles from the hands of Hansaben. The Appellant removed 2 gold rings. Since Hansaben had sustained bleeding injuries she became unconscious. The Appellant meanwhile removed the mobile hand set of Nokia Company which was on the fridge. Hansaben was semi conscious and had noticed the Appellant removing the mobile hand set. The Appellant thereafter took water from a drum and washed his hands. Since the shirt of the Appellant was stained with blood, he took a shirt belonging to Velgibhai and wore it on the blood stained shirt. The Appellant left the flat closing the door. 5. Hansabai crawled to the front room and noticed that her husband was unconscious and with great difficulty she managed to open the door and sat there. Since Hansaben had sustained injuries to her neck, she could neither talk nor shout. After about 10 to 15 minutes, PW-5 Pooja came there and asked Hansaben as to what had happened. However, Hansaben could not reply and therefore, Pooja cried out for help. Persons who had gathered there then took her to the hospital. Hansaben was taken to the Bhagwati Hospital and was treated there. The Police who had arrived at the Bhagwati Hospital interrogated Hansaben but Hansaben could not talk and therefore gave her statement in writing at Exhibit 37. Hansaben states that she was admitted initially in the Bhagwati Hospital and then was shifted to a private hospital and thereafter was taken to Surat by her brother and admitted the hospital for 15 days. She has identified the clothes which she was wearing as well as the clothes of the Appellant and the knife. 6. In cross-examination an omission is proved regarding the visit of PW-5 Pooja as well as the discussion between Hansaben and Pooja. She has identified the clothes which she was wearing as well as the clothes of the Appellant and the knife. 6. In cross-examination an omission is proved regarding the visit of PW-5 Pooja as well as the discussion between Hansaben and Pooja. Omission has been elicited that she had not stated in her statement at Exhibit 37 about the Appellant washing his hands and wearing the shirt of Velgibhai over his own blood stained shirt. Omission is elicited that she had not stated in her statement at Exhibit 37 that she had crawled to the door and had opened the door and also about the Appellant taking the mobile hand set which had been kept on the fridge. She has admitted that prior to her marriage, her husband was working in the diamond industry and at the time of incident was unemployed. She has admitted that Pooja was residing in the adjoining room alongwith her sister Rekha. She has also admitted that Pooja used to visit her house frequently. She has admitted that Pooja was in her house for about 10 minutes and thereafter had left her flat. According to Hansaben, the Appellant had come to her house at about 10.20 a.m. She has admitted that her husband Velgibhai had consumed liquor after the Appellant had arrived. She has denied the suggestion that the Appellant had advanced Rs.40,000/- to her as hand loan. She has denied the suggestion that the Appellant had come to her house on 2 or 3 occasions demanding the refund of the hand loan. She has denied the suggestion that the Appellant had informed Velgibhai about amount advanced by the Appellant to Hansaben and due to that there was a quarrel between Hansaben and Velgibhai. She has denied the suggestion that on receiving the injuries she immediately became unconscious. She has denied the suggestion that during the quarrel her deceased husband Velgibhai had assaulted her with knife and thereafter, had consumed poison. The knife which was seized at the behest of the Appellant as per Exhibit 75-A was found stained with blood of 'A' group. The clothes of Hansaben were also found stained with blood of 'A' group. She has denied the suggestion that during the quarrel her deceased husband Velgibhai had assaulted her with knife and thereafter, had consumed poison. The knife which was seized at the behest of the Appellant as per Exhibit 75-A was found stained with blood of 'A' group. The clothes of Hansaben were also found stained with blood of 'A' group. The white powder which had been referred to the Chemical Analyzer and which was found in the house of Hansaben as well as the packet which was seized at the behest of the Appellant was found to be sodium cyanide vide the Chemical Analysis report at Exhibit 75. The clothes of the Appellant were also found stained with blood of 'A' group. The blood group of the Appellant vide Exhibit 76-A was determined to be 'O' group. 7. In cross-examination of PW4 Dr. Dhotre who had performed the postmortem on the dead body of Velgibhai, PW4 Dhotre has admitted that he could not state as to when the deceased would have consumed alcohol before his death. He has denied the suggestion that if alcohol remains in the body for more than 24 hours, it would turn into poison. In the cross-examination it has been elicited that death on consumption of sodium cyanide is instantaneous. He has admitted that cyanide is used as a component in various chemicals used for cleaning. He has admitted that viscera was sent for chemical analysis on 31st and that the viscera was in his custody till that time. The viscera had been sent through a Police Constable. 8. Prosecution has examined PW-5 Pooja, a neighbour of PW-2 Hansaben, who deposes that on 7.1.2004 at about 10.00 a.m. she had gone to the house of PW-2 Hansaben and was listening to the cassette of Gujarati hymns at the house of Hansaben. Deceased Velgibhai was also present in the house and at that time the Appellant had come there. The Appellant had asked Pooja her name and there was a formal talk between the Appellant and Pooja. Pooja had also asked the Appellant his name and the Appellant had disclosed that his name was Raju and he was residing at Dahisar. After about 10 minutes Pooja left the house of Hansaben and went to the beauty parlour of her sister Rekha. Pooja had also asked the Appellant his name and the Appellant had disclosed that his name was Raju and he was residing at Dahisar. After about 10 minutes Pooja left the house of Hansaben and went to the beauty parlour of her sister Rekha. At about 12.00 noon, PW-5 Pooja returned home and noticed Hansaben lying in the door of her house. Hansaben had sustained bleeding injury on her neck and was unable to speak and was semi-conscious. On seeing the condition of Hansaben, PW-5 Pooja cried out for help and called her sister. On hearing her cries, people had gathered there and had taken injured Hansaben to the Hospital. She had also noticed Velgibhai sitting in a chair motionless. She further deposes that she had identified the Appellant in the test identification parade. In cross-examination she has admitted that the beauty parlour of her sister is at half an hour walking distance. She has admitted that when she had gone to the house of Hansaben in the morning, Hansaben was washing clothes. She has admitted that she had seen the Appellant for the first time. She has admitted that Velgibhai was unemployed but does not know if Hansaben used to go for doing any working. She has admitted that when she had gone to the house of Hansaben in the morning, the door was closed. She has admitted that she had returned in the noon alongwith her sister. An omission has been elicited that she had not stated the exact time 12.00 noon when she returned home. She has denied the suggestion that the Appellant was shown to her prior to the test identification parade. 9. Prosecution has examined PW-8 Sugandhsingh, who states that he was an employee working in the Kangan Jewellers at Dahisar and was knowing the Appellant about one year prior to the incident. According to PW8 Sugandhsingh, the Appellant was a goldsmith who used to visit the shop for selling the ornaments prepared by him. On 7.1.2003, the Appellant had come to the shop with a gold bar which was weighing 30.400 gms. The Appellant was accordingly paid Rs.10,000/- in advance by the brother of PW-8 i.e. Mahavir. The Appellant was informed that the remaining amount would be paid to him after verifying the purity of the gold. On 7.1.2003, the Appellant had come to the shop with a gold bar which was weighing 30.400 gms. The Appellant was accordingly paid Rs.10,000/- in advance by the brother of PW-8 i.e. Mahavir. The Appellant was informed that the remaining amount would be paid to him after verifying the purity of the gold. The Appellant however did not come on the next day for receiving the balance money and after 2 days i.e. on 9th, at about 7.00 p.m. the Appellant had come to the shop accompanied by the Police and the Panch. The gold bar which was sold by the Appellant was produced and was seized by the Police. It would be interesting at this stage to refer to the evidence of PW-4 Dr. Dhotre who states that sodium cyanide is used in polishing the jewellery. Prosecution has also examined PW7 Vinod, owner of Vardhaman Mobile and Vardhaman Jewellers, who states about the Appellant coming to his shop on 7.1.2004 at about 5.00 p.m and selling the hand set of Nokia Company. PW-7 Vinod deposes that he had purchased it for Rs.2,700/- and had paid cash to the Appellant. He then deposes about the Appellant coming to his shop on 9.1.2004 alongwith the Police and the Panch and seizure of the same mobile hand set article 18 by the Police. 10. The learned Counsel for the Appellant has urged before us that the report of the Chemical Analyzer does not disclose as to whether a lethal dose of sodium cyanide had been found in the viscera. It is also urged before us that the sodium cyanide and the alcohol could have reacted and could have triggered the death of deceased Velgibhai. It is further urged before us that there was delay in sending the viscera as well as there was delay in examination and consequently, the report of the chemical analyzer is vitiated. It is also urged before us that there is no evidence that the viscera was kept by PW-4 Dr. Dhotre in proper environment. Lastly, it is urged before us that since there is no evidence about administration of a lethal dose, the Appellant cannot be attributed with the intention of committing murder of deceased Velgibhai. It is also urged before us that the conviction of the Appellant for offence punishable under Section 397 of the Code of Criminal Procedure is unsustainable. Lastly, it is urged before us that since there is no evidence about administration of a lethal dose, the Appellant cannot be attributed with the intention of committing murder of deceased Velgibhai. It is also urged before us that the conviction of the Appellant for offence punishable under Section 397 of the Code of Criminal Procedure is unsustainable. The learned APP has supported the findings arrived at by the Trial Judge and has urged for dismissal of the Appeal filed by the Appellant. 11. The learned Counsel for the Appellant has referred to the Judgment of Happu v/s. Emperor (AIR (1933) Allahabad 837]. The Division Bench of the Allahabad High Court came to the conclusion that the report of the Chemical Analyzer that arsenic is detected in the viscera was not enough to establish the death by arsenic poisoning as in a quantitative analysis report it was found 0.182 of a grain of arsenic. The Division Bench further came to the conclusion that arsenic was present in food substance such as glucose and was a substance largely used in the preparation of preserves and also in the manufacture of beer. Arsenic was a substance used in medicines and was frequently used as a aphrodisiac. Thus, there was no evidence that lethal dose was administered and that there was no evidence that death was due to arsenic poisoning. In the peculiar facts of the case therefore, the Division Bench of the Allahabad High Court came to the conclusion that the Chemical Analyzer ought to have been examined as a witness and should have been available for cross-examination. The Division Bench of the Allahabad High Court further came to the conclusion that there was no evidence that the accused had administered arsenic to the deceased. 12. The ratio of the aforesaid Judgment in our opinion is wholly inapplicable to the facts of the present case. PW-4 Dr. Dhotre has opined that deceased Velgibhai had died due to administration of cyanide. The report of the Chemical Analyzer at Exhibit 47 indicates that sodium cyanide was detected. There is evidence that the Appellant had obviously administered sodium cyanide to the deceased Velgibhai as the Appellant had also attempted to administer the said poisonous substance to PW-2 Hansaben, who had spat it out. Sodium cyanide is not used in the preparation of any medicine or any eatables. According to PW-4 Dr. There is evidence that the Appellant had obviously administered sodium cyanide to the deceased Velgibhai as the Appellant had also attempted to administer the said poisonous substance to PW-2 Hansaben, who had spat it out. Sodium cyanide is not used in the preparation of any medicine or any eatables. According to PW-4 Dr. Dhotre, sodium cyanide is used in polishing of the jewellery. PW-4 Dr. Dhotre has further opined that death on account of consumption of sodium cyanide is instantaneous. Since the deceased had not died as a result of any other ailment but due to the consumption of sodium cyanide, it can certainly be interfered that a lethal dose of sodium cyanide had been administered to deceased Velgibhai and sodium cyanide was detected in the viscera of deceased Velgibhai. 13. The learned Counsel for the Appellant has placed reliance on the Judgment of the learned Single Judge of the Patna High Court in Eqwal Alam @ Akwal Alam @ Eqbal Alam v/s. State of Bihar [(2009) Cri.L.J. 4171] to urge before us that the veracity of the report of the Chemical Analyzer would be affected on account of delay in forwarding the sample as well as delay in examining the viscera by the Chemical Analyzer. 14. In the present case the viscera was sent on 31.1.2004. The report of the Chemical Analyzer is dated 10.8.2004. The report however does not refer to the date on which the examination was carried out. In any event, PW-4 Dr. Dhotre has admitted that the viscera was in his custody till it was sent alongwith the Police Constable. The report of the Chemical Analyzer at Exhibit 47 reflects that the 2 bottles of viscera were received with seals intact. Thus, there was no possibility of the viscera being tampered with. Moreover, on account of delay, the Chemical Analyzer has not opined that the viscera was incapable of being analyzed. Even the Medical Officer is not questioned if the delay in either sending the viscera or examining the viscera would result in deterioration of the sample. In the absence of such evidence, according to us, delay simplicitor would not vitiate the report of the Chemical Analyzer. 15. The learned Counsel for the Appellant has placed reliance on the Division Bench Judgment of the Orissa High Court in State of Orissa v/s. Muralidhar Sahu [(2002) Cri.L.J. 2096]. In the absence of such evidence, according to us, delay simplicitor would not vitiate the report of the Chemical Analyzer. 15. The learned Counsel for the Appellant has placed reliance on the Division Bench Judgment of the Orissa High Court in State of Orissa v/s. Muralidhar Sahu [(2002) Cri.L.J. 2096]. The Division Bench had found that there was tampering with the sample of the poison liquid in the bottle which was said to be poison and which had been sent for chemical examination. Apart from this, other infirmities in the prosecution case impelled the Division Bench of the Orissa High Court to allow the Appeal and set aside the conviction. Since the facts are different, the ratio laid down in the said Judgment would be inapplicable to the facts of the present case. 16. Learned Counsel for the Appellant has placed reliance on the Division Bench Judgment of the Madras High Court in Veerabharathi v/s. State [(2000) Cri.L.J. 4236]. In the said case, the Division Bench of the Madras High Court found that the accused had committed an offence punishable under Section 376 of the Indian Penal Code and after committing rape and murder of the victim, the Division Bench came to the conclusion that the act of robbery was not with the idea of depriving the victim of her ornaments, as she had already waylaid, raped and murdered. In that background therefore, the Division Bench came to the conclusion that the charge under Section 392 of the Indian Penal Code had not been proved. In the present case the Appellant had administered poison to Velgibhai and thereafter had attempted to poison PW-2 Hansaben. Hansaben, however, spat out the poison and the Appellant thereafter stabbed her. Thus, the offence as against Hansaben was concerned, under Section 307 of the Indian Penal Code, was complete and thereafter, the Appellant removed the ornaments of Hansaben particularly, the ear ring and in the process of committing the robbery caused injury to Hansaben. The Appellant, therefore, in our opinion, has been rightly convicted for offence punishable under Section 397 of the Indian Penal Code. Offence punishable under Section 307 of the Indian Penal Code was a distinct offence which had been committed by the Appellant and it is thereafter that the Appellant committed the offence punishable under Section 397 of the Indian Penal Code. Offence punishable under Section 307 of the Indian Penal Code was a distinct offence which had been committed by the Appellant and it is thereafter that the Appellant committed the offence punishable under Section 397 of the Indian Penal Code. The Appellant therefore has been rightly convicted by the Trial Court. 17. In the present case we find that the evidence of PW-2 Hansaben clearly establishes the presence of the Appellant in the house at the time of the incident and the Appellant administering poison to deceased Velgibhai and attempting to administer poison to Hansaben. The Appellant thereafter stabbed Hansaben as Hansaben spat the poison. The Appellant thereafter removed the ornaments of Hansaben and in the process caused injury to her ear. The intention of the Appellant to commit an offence is writ large. The Appellant had administered the poison of which he was found in possession. At the behest of the Appellant a small plastic bag containing poison was discovered which according to Chemical Analyzer was sodium cyanide. The packet of poison which was left behind by the Appellant and which was found in the house of Hansaben was also determined as sodium cyanide. The Appellant had intended to kill Hansaben and therefore, had attempted to administer poison to her and having failed in killing Hansaben had stabbed her with the knife. In the face of such evidence therefore, it cannot lie in the mouth of the Appellant that he had no intention to commit murder of deceased Velgibhai. The Appellant was found in possession of the poison and there is evidence that the Appellant had administered the poison to deceased Velgibhai. Deceased Velgibhai had died on account of consumption of the poison. Thus, the offence punishable under Section 302 of the Indian Penal Code is complete. In the face of such overwhelming evidence, failure of the prosecution to establish and prove motive would pale into insignificance. The Appellant, in our opinion therefore, has been rightly convicted by the Trial Court. The conviction of the Appellant therefore needs no interference. 18. The Appeal filed by the Appellant therefore deserves to be dismissed. Accordingly, Criminal Appeal No.972 of 2005 is dismissed confirming the conviction and sentence of the Appellant. The substantive sentences of imprisonment however shall run concurrently. Appeal dismissed.