Indian Kanoon - Search engine for Indian Law

In the meanwhile, investigation of the case was proceeded further and site plan of the place of occurrence was also prepared which is Ext. Ka-9. The investigation was subsequently carried out by the second Investigating Officer, Ram Kishan Rana PW-9, who besides recording statement of various persons and preparing several relevant papers, proved Ext. Ka-12. The investigating Officer after completion of investigation filed charge sheet which is Ext. Ka-10 on record. The Investigating Officer also proved one application as Ext. Ka-11 moved for re-postmortem examination of the deceased child. Viscera was also preserved and was sent to the Forensic Science Laboratory, Lucknow. Viscera report dated 30.9.2009 was also obtained which Ext. Ka-18 on record. According to this report no poison was detected on examination.

Raj Kumar P.W.4 is the maternal uncle of deceased child Shivam.

Raj Kumari P.W.5 is the sister-in-law (bhabhi) of Radhika and is also witness of fact.

Rajesh Kumar P.W.6 is also witness of particular fact about prevailing of cordial relationship between accused Radhey Shyam and his wife Radhika P.W.2.

Dr. Yogendra Yati is P.W.7. He presided over the medical board for re-postmortem examination on 13.5.2009 pursuant to the order of District Magistrate, Basti and C.M.S. of District Hospital, Basti. He along with two other doctors- Dr. Bhan Chandra Gupta and Dr. Shiv Prasad conducted the re-postmortem examination, as directed. They have proved the re-postmortem examination report, Exhibit Ka-2.

We have also, before us, two postmortem reports. First postmortem on the dead body of Shivam was conducted on 12.5.2009 at 4.30 p.m., wherein three ante-mortem injuries were noted:-

(1) Contused swelling 5 cm x 4 cm over right side cheek. (2) Contused swelling 2.5 x 1 cm area left side of cheek. (3) Contused swelling 2 cm x 1.5 cm over right side of forehead.

The cause of death was stated to be, due to smothering of mouth and nose and death has been termed asphyxial death. This postmortem report is Exhibit Ka-16 and has been proved by Dr. Pradeep Kumar Singh (P.W.-11). However, he has testified in his cross-examination on page-53 of the paper book that the ante-mortem injuries were not sufficient to cause death. The deceased died due to asphyxia, which may be caused by various reasons. He has also testified that he did not find sign of any injury causing smothering of mouth and nose. We may also observe, at this stage, that the viscera was preserved and viscera report has been obtained, which is Exhibit Ka-18, wherein, the Forensic Science Laboratory has come out with report that no poisonous substance was detected on examination. Thus, it is obvious that possibility of poison being administered and death being caused due to administration of poison, cannot be accepted. Even in the re-postmortem examination, conducted after a lapse of about 8 or 9 hours of the conduction of the first postmortem examination, also does not confirm to any such diagnosis that the cause of death was due to administration of poison. But the re-postmortem examination report Exhibit Ka-2 specifies that cause of death is not clear, so viscera was preserved. Dr. Yogendra Yati P.W.7, who presided over the medical board, has testified that re-postmortem examination was done in the night at 1 a.m. on 13.5.2009, and, in his cross-examination, he has admitted that in the viscera report no trait of poisonous substance was found. He also admitted in cross-examination that asphyxiation poison was not found. Thus, charge of poisoning stands subsided and the same is not supported by testimony so forthcoming.