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10. Uterus contained about full term dead male baby.” PW-12 Dr. Arun Kumar Mandal opined that the cause of death was asphaxia due to drowning. He stated that in cases of drowning, if immediate death is caused, then, there will be negligible quantum of water in the stomach. He further stated that death may be caused even in one foot deep water if the victim is kept in water with his neck pressed in sleeping position. It may be stated here that report of the viscera examination is not on record. Dr. Mandal has admitted that he did not know the result of viscera examination. He added that there were no injuries on the person of the deceased.

20. The trial court has observed that the Investigating Officer had filed a petition on 19/4/1988 requesting the doctor to send the viscera for chemical analysis to the FSL, Patna. Post-mortem notes mention that viscera was protected for future needs. This is also stated by PW-12 Dr. Mandal. Dr. Mandal has, however, added that he did not know the result of viscera examination. From the evidence of the Investigating Officer, PW-13 Surendra Rai, it appears that the doctor did not send the viscera to the FSL. When he was questioned about the viscera report, the Investigating Officer stated in the cross-examination that a letter had been sent to the doctor about viscera examination. He further stated that he did not make any complaint against the doctor to the senior officers, but, informed his officer through diary. We are of the opinion that the doctor ought to have sent the viscera to the FSL when he was requested to do so. On his failure to do so, the Investigating Officer should have informed his superior officer and taken steps to ensure that viscera is sent to the FSL rather than just making a diary entry. Such a supine indifference has a disastrous effect on the criminal justice administration system.

23. We must note that this is the third case which this Court has noticed in a short span of two months where, in a case of suspected poisoning, viscera report is not brought on record. We express our extreme displeasure about the way in which such serious cases are dealt with. We wonder whether these lapses are the result of inadvertence or they are a calculated move to frustrate the prosecution. Though the FSL report is not mandatory in all cases, in cases where poisoning is suspected, it would be advisable and in the interest of justice to ensure that the viscera is sent to the FSL and the FSL report is obtained. This is because not in all cases there is adequate strong other evidence on record to prove that the deceased was administered poison by the accused. In a criminal trial the Investigating Officer, the Prosecutor and the Court play a very important role. The court’s prime duty is to find out the truth. The Investigating Officer, the Prosecutor and the Courts must work in sync and ensure that the guilty are punished by bringing on record adequate credible legal evidence. If the Investigating Officer stumbles, the Prosecutor must pull him up and take necessary steps to rectify the lacunae. The Criminal Court must be alert, it must oversee their actions and, in case, it suspects foul play, it must use its vast powers and frustrate any attempt to set at naught a genuine prosecution. Perhaps, the instant case would have been further strengthened had the viscera been sent to the FSL and the FSL report was on record. These scientific tests are of vital importance to a criminal case, particularly when the witnesses are increasingly showing a tendency to turn hostile. In the instant case all those witnesses who spoke about poisoning turned hostile. Had the viscera report been on record and the case of poisoning was true, the prosecution would have been on still firmer grounds.

24. Having noticed that, in several cases where poisoning is suspected, the prosecuting agencies are not taking steps to obtain viscera report, we feel it necessary to issue certain directions in that behalf. We direct that in cases where poisoning is suspected, immediately after the post- mortem, the viscera should be sent to the FSL. The prosecuting agencies should ensure that the viscera is, in fact, sent to the FSL for examination and the FSL should ensure that the viscera is examined immediately and report is sent to the investigating agencies/courts post haste. If the viscera report is not received, the concerned court must ask for explanation and must summon the concerned officer of the FSL to give an explanation as to why the viscera report is not forwarded to the investigating agency/court. The criminal court must ensure that it is brought on record.