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I observed following external injuries on the dead body:

(i) A-linear abrasion circular over both hands 2.5 x1 cm.

ii) Bruising of size 3cm x 2 cm over back or lower chest.

On internal examination, of stomach, the mucosa was haemorrhagic and there was semi digested food of umber colour."

5. PW-4 reserved his opinion on the cause of death till the chemical analysis report of viscera was received. According to him, the post-mortem findings were consistent with "consumption of toxic substance" and external injuries were "suggestive of assault/struggle before death." After receipt of the report from the Forensic Science Laboratory (FSL), PW-4 opined on 4th July 2007 that the FSL report revealed the presence of "Aluminium Phosphide, commonly called „celphos‟. He, therefore, opined that the cause of death was "acute respiratory distress consequent to (sic upon) multi-organ failure as a result of consumption of Aluminium Phosphide."

(iii) On the previous night, the deceased had taken her meal with chutney and according to the time since death as per the post-mortem report, she had died at about 11.30 pm. The FSL report showed that the viscera contained aluminium phosphide.

(iv) There was no evidence to show that the deceased was taken to the hospital after she started feeling unwell. Merely because the injuries on her two hands and the bruising over the back and lower chest were not noticed by the Crime Team and the IO, did not mean that the said injuries did not exist at that time. There was no need for PW-4 (Dr. V.K. Jha) to falsely implicate the Appellant. The injuries suggested that she was caught hold of and was struggling before her death.

FSL Report

22. No attempt was made in fact to collect any sample of the coffee that was supposed to have been prepared by the son of the deceased and drunk by all three of them before going to bed. The FSL report (Mark A) talks of four parcels marked as 1, 2, 3 and 4. Parcel-1 was the double bed sheet which contained Ex.1 (namely one blue and brown with white-based printed bed sheet having some stains). Parcel-4 contained, inter alia, Ex. 4A, 4B and 4C. Ex.4A was "stomach and small piece of intestine with contents". Ex.4B was some pieces of liver, spleen and kidney and Ex.4C was the blood sample. Ex.1 and Ex.4A were found to contain aluminium phosphide. Ex.4B and 4C contained only phosphide. Parcel-2, which was the vomit residue, contained Ex.2 described as "dark grey coloured powdery substance." Parcel-3, which was stated to be „chutney‟ contained Ex.3 i.e. „brown coloured semi-solid material‟. Both Exs.2 and 3 were found to contain „aluminium‟.

23. The above FSL report is dated 29th June, 2007. Based on the said report PW-4 gave the final opinion as follows: "In my opinion, in this case is cardio vascular collapse. Acute respiratory distress and multi-organ failure as a result of consumption of aluminium phosphide."

24. It must be noted that the abovementioned final opinion dated 6th July, 2007 of PW-4 was preceded by the post-mortem report dated 30th March, 2007 where while the cause of death had to await the report of the chemical analysis of the viscera (FSL report), the post-mortem findings were said to be "suggestive of assault/struggle before death and that PM findings are consistent with consumption of toxic substance." The suggestion of assault/ struggle was as a result of two external injuries as noted hereinbefore.