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15. Be that as it may, even if this Court hence prima facie belies the oral testifications of the PWs (supra). However, even if their respective testifications are wanting in any legal vigor, yet when the motive for the crime arising from both accused having an extra-marital affair, besides intending to marry, when is clearly, and, consistently established by both. Resultantly with cogent proof qua motive (supra), becoming adduced, therefore, may be, the same did lead both the accused to even in the absence of PWs (supra), at the crime site, hence administer poison to the deceased. If so, the report of the chemical examiner on the viscera of the deceased, as sent to the FSL, for examination, comprised the foremost best forensic evidence for 9 of 16 CRM-A-2300-MA-2017 (O & M) -10- declaring the charge to become unflinchingly proven. However, neither the viscera of the deceased was sent for examination to the FSL concerned, nor any report about poison being present therein was adduced before the Court. Resultantly in its absence, a verdict of acquittal was made upon the accused.

THE EFFECT OF NON PRODUCTION OF REPORT OF THE FSL AND ITS EFFECT.

16. This Court on 28.02.2018, had referred to paragraph 15 of the impugned verdict, para whereof stands extracted hereinafter.

"The trial Court has made the following observations in Para 15 of the impugned judgment which is as under:-
"15. Dr. Dalbir Kaur posted as SMO at Civil Hospital, Nabha who conducted post mortem examination on the dead body of deceased Sukhdev Singh while appearing as PW3 has proved post mortem report as Ex.PW3/A on the file. She further stated the dead body was brought by HC Pawan Kumar no.2414 of Police Station Sadar Nabha and it was identified by Gurdeep Singh and Kulwinder Singh. There was no visible external injury on the dead body. The viscera of dead body was preserved and sealed with her seal bearing impression DK and handed over to HC Pawan Kumar for sending the same to the office of Chemical Examiner. The cause of death was to be declared on receipt of report of Chemical Examiner. She further stated that report has not been received as yet. Thereafter, the examination in chief of witness was deferred as report of Chemical Examiner was not received. Dr.Dalbir Kaur again appeared in the court on 8.8.2017 and she stated that report of Chemical Examiner has not been received by her. Thereafter, the learned Public Prosecutor made a request for adjourning the case. However, the said request was declined by this Court and Dr. Dalbir Kaur stated that she could tell the cause of death only on receipt of report of Chemical Examiner. She further stated that she handed over viscera of deceased Sukhdev to HC Pawan Kumar on 5.12.2008. In her cross examination she stated that there was no external injury mark on the body of deceasd Sukhdev Singh.

17. A reading of the hereinabove extracted paragraph does reveal that though the viscera of the deceased was preserved, and, was sealed with seal bearing impression "DK", and, was handed over to HC Pawan Kumar for sending the same to the Office of Chemical Examiner, for an opinion being made thereons. However, as stated (supra), the report of the Chemical Examiner was never received, nor, was tendered in the Court. Therefore, since the report, if any, of the Chemical Examiner, as made on the viscera of the deceased, comprised the best scientific evidence to prove the charge drawn against the accused, but since the viscera of the deceased never became sent, nor, became received in the laboratory concerned, nor when any opinion was made thereons, besides obviously when the report of the Chemical Examiner also never became tendered into evidence. Resultantly a verdict of acquittal was aptly made upon the accused. However, the above gross omission shook the judicial conscience of this Court, and, led it to make a direction to the State of Punjab, to assign a reason, for the non-production of the report of the Chemical Examiner, in the Court. 




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 CRM-A-2300-MA-2017 (O & M)                            -15-

24. This Court, as above stated, has earlier expressed that the State of Punjab, irrespective of a verdict of acquittal, being made upon the accused to, and, that too squarely on account of non deposit by a deceased official of the Punjab Police, of the viscera of the deceased in the laboratory concerned. Emphasizingly, if the viscera of the deceased had become deposited at the FSL concerned, and also if an analyses was made thereons, but may have ensured the emergence(s) of best scientific evidence to may be hence sustain the charge. However, since the official concerned, who was handed over the viscera of the deceased for its deposit in the FSL concerned, has since died. Therefore, no disciplinary action can be ordered to be initiated against him.