Majority of 2:1 affirmed the conviction in Anant Chintaman Lagu v. State of Bombay, AIR 1960 SC 500.  

There is absolutely no evidence relating to poison in relation to the deceased. If it were forcible poisoning by using any kind of poison, there would be struggle and resistance. There are none. The existence of any circumstances, as would fulfil the requirement, as laid down in Paragraph 59 in Anant Chintaman Lagu, are not present. There are no symptoms, which point to poisoning. Nothing in the post-mortem appearance is brought out to show poisoning. The evidence do not establish poisoning.

High Court, in our view, without any justification, reversed the acquittal.

Hon’ble Justice K.M. Joseph, Sandeep Kumar v. State of Uttarakhand, [Criminal Appeal Nos. 1512-1513 of 2017].

The fact of death should be proved by such circumstances as render the commission of the crime morally certain and leave no ground for reasonable doubt. Lord Chief Justice William Edgar Rayner Goddard did not agree with the words ‘morally certain’. He would have preferred to say, “such circumstances as render the commission of the crime certain.”