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Here we revert back to tracing the investigation how it proceeded. We have already noted that the police had become active before 5 PM on 7.8.1997 on receiving an information from Dr. Ajay Mann that a patient was admitted in the hospital as a suspected case of poisoning. The police had reached the hospital and also was keen on recording the statement of Prakash Devi. However, that could not be done. In any case, the statement of Smt. Beena was recorded by a Senior Officer of the local police station at 9.40 p.m. and treated as First Information Report under Section 154 of Cr.P.C. whereupon a cognizable offence under Section 302 IPC was registered. No steps were taken by the police for picking up the samples from, or for preserving intact, the place of occurrence and the places where the deceased is said to have vomited which was necessary to do for collecting and preserving the most crucial evidence. This omission of the police becomes more serious and assumes significance in the background that inquest was held on 7.8.1997 itself around 9.30 p.m. It is also very significant to note that in the inquest report which is in a printed proforma, in the column entitled 'apparent cause of death' it is written "Celphos tablet having been administered". A little later we will deal with this observation and make our comments thereon. Be that as it may, the police reached the house of the accused- appellant early morning the next day at about 8.00 a.m. According to Rajender Singh, S.I. (PW-7) the house of accused Jaipal was lying locked. The key was collected from the house of a neighbour, the name and particulars whereof are not known. On opening the house sample of vomited material was collected from one place which was inside the room. Another sample was collected from a place outside the house and situated at a distance of about 150 yards from the house. However, according to Smt. Beena (PW-3) the place where Prakash Devi had vomited for the second time was situated at a distance about 25 ft. from the house of the accused.

Dr. Sharma admitted during his cross-examination that aluminium phosphide has a smell. If celphos table is kept open in a room it will fill the room with smell. It is this characteristic of celphos poison emitting pungent smell which renders it improbable to be administered deceitfully and that is why this poison is not generally used in cases of homicidal death. Celphos once administered or consumed spreads rapidly in the body and kidney, liver, spleen, heart and lungs are affected by the poison. The presence of such poison having been consumed would be revealed by pathological findings. Dr. Sharma's opinion, as expressed during his deposition, has authoritative support. Modi in Medical Jurisprudence & Toxicology (Twenty-Second Edition) states (at pp.197-198) that Aluminium Phosphide (Celphos) is used as a fumigant to control insects and rodents in food grains and fields. In reported cases of poisoning, symptoms which have been found are burning pain in the mouth, throat and stomach, vomiting mixed with blood, dyspnoea, rapid pulse, subnormal temperature, loss of co-ordination, convulsions of a clonic nature and death. In the solid form, it acts as corrosive in the mouth and throat as it precipitates proteins. In postmortem appearance, the tongue, mouth and oesophagus are oedematous and corroded. The mucous membrane of the stomach is corrugated, loosened or hardened and is stained red or velvety. The intestines are inflamed.

We may briefly sum up the opinion of the learned authors from their published paper. Phosphine gas (active ingredient of ALP) causes sudden cardiovascular collapse; most patients die of shock, cardiac arrhythmias, acidosis and Adult Respiratory Distress Syndrome (ARDS). Aluminium phosphide is available in the form of chalky white tablets. When these tablets are taken out of the sealed container, they come in contact with atmospheric moisture and the chemical reaction takes place liberating phosphene gas (PH3) which is the active ingredient of ALP. This gas is highly toxic and effectively kills all insects and thus preverves the stored grains. When these tablets are swallowed, the chemical reaction is accelerated by the presence of hydrochloric acid in the stomach and within minutes phosphine gas dissipates and spreads into the whole body. The gas is highly toxic and damages almost every organ but maximal damage is caused to heart and lungs. Sudden cardiovascular collapse is the hallmark of acute poisoning. Patients come with fast thready or impalpable arterial pulses, unrecordable or low blood pressure and icy cold skin. Somehow these patients remain conscious till the end and continue to pass urine despite unrecordable blood pressure. Vomiting is a prominent feature associated with epigastric burning sensation. The patients will be smelling foul (garlic like) from their breath and vomitus. Many of them will die within a few hours. Those who survive for some time will show elevated juglar venous pressure, may develop tender hepatomegaly and still later Adult Respiratory Distress Syndrome (ARDS), renal shut down and in a very few cases toxic hepatic jaundice. The active ingredient of ALP is phosphine gas which causes extensive tissue damage. A spot clinical diagnosis is possible in majority of cases of ALP poisoning. However, ALP on account of its very pungent smell (which can drive out all inmates from house if left open) can not be taken accidentally. Dr. Ajay Mann (PW-10) who was the first to attend on Prakash Devi stated that the symptoms which he noted present in Prakash Devi could be the symptoms in the case of food poisoning, virus infection and gastroenteritis. Dr. Parveen Chaudhary of Navjeevan Hospital to whom Prakash Devi was carried by Smt. Beena and who had seen her between 3 to 4 p.m. on the fateful day was of the opinion that it was on account of smell coming out from the mouth of the patient that he suspected it to be a case of poisoning. However, his statement was not recorded by police during investigation. The letter under which he referred Prakash Devi to Civil Hospital did not mention the fact of any smell coming out from the mouth of Prakash Devi. Assuming that Dr. Parveen Chadudhary is right in stating that some foul smell was coming out from the mouth of Prakash Devi, seen in the light of the statement of Dr. Ajay Mann, it is clear that such foul smell would come even in the case of virus infection or gastroenteritis and merely from foul smell it cannot be doubtlessly concluded to be a case of celphos poisoning or poisoning.

The Forensic Scientific examination of several organs of the body of the deceased and the samples collected from the body exclude the presence of aluminium phosphide (celphos). The victim, according to the prosecution case died within about 4 hours, of the poison having been allegedly administered to her. Postmortem was performed within 18 hours of the time of death. None of the symptoms suggesting administration of celphos as stated by Modi and the two authors Dr. Mitra Basu and Prof. S.B. Siwach were found to be present. The manner in which aluminium phosphide acts on being ingested, the presence of powder or symptoms of damage caused by phosphine must have been detected in stomach, intestines, liver, kidney and gastric lavage. But none has been found. Merely because of the presence of foul smell it cannot be said to be a case of poison having been administered to the deceased. The finding of the Trial Court and the High Court that the deceased died because of poisoning cannot therefore be sustained.