4 Circumstances To Be Proved In Cases Of Murder By Poison: Supreme Court Explains
Case: Hariprasad @Kishan Sahu v. State of Chattisgarh
Coram: Justices Bela M. Trivedi and Justice Dipankar Datta
Case No.: CRIMINAL APPEAL NO. 1182 OF 2012
Court Observation: Though it may be a matter of common knowledge that the organophosphorus insecticides and Quinolphos are considered to be poisonous substances, nonetheless, the Court would loathe in imputing personal knowledge and conclude that such poisonous substances found in the Viscera of the deceased was the cause of death of the deceased, more so when the said opinion of Chemical analyzer was received after more than one year of sending the Viscera of the deceased to the FSL, Raipur. In the absence of a final opinion obtained from any medical expert, on the report of the Chemical analyzer as to the cause of death, it could not be said that the prosecution had proved beyond reasonable doubt that the cause of death of the deceased was due to administration of poison.
“First Information Report under Section 154 of Cr.PC, as such could not be treated as a substantive piece of evidence. It can only be used to corroborate or contradict the informant’s evidence in the Court.”
“Even if the said version of the deceased before his wife, his daughter, his brother, the Kotwar, and others is treated as his dying declaration, it would be very risky to convict the accused on such a weak piece of evidence.”
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4 Circumstances To Be Proved In Cases Of Murder By Poison, Supreme Court
