gave positive test for the
presence of aluminium phosphide (although there was/were no
sign of consumption of aluminium phosphide in the dead body ... asphyxia
consequent to ante mortem ligature hanging after consuming
the aluminium phosphide poison by the deceased. Hence the
possibility of suicide cannot be ruled
July
2007 that the FSL report revealed the presence of "Aluminium Phosphide,
commonly called „celphos‟. He, therefore, opined that the cause of death ... upon) multi-organ failure
as a result of consumption of Aluminium Phosphide."
Charges framed
6. The Appellant was arrested on 12th April
PW12 opined that the cause
of death was poisoning due to aluminum phosphide. Postmortem report
is Ex.PW12/A.
52. During cross examination, PW12 ... Page no.28/44
mode of in take of aluminum phosphide is through oral routes in the form
of tablet which are readily and easily
proceedings revealed that the appellant had procured
4500 Kgs Aluminium Phosphide 56% for export without payment of duty.
The Central Excise Duty involved ... dated
04.12.2007, the appellant had exported 2000 Kg of Aluminium Phosphide
2
Appeal No. E/704/2011
56%. Therefore, we hold that the appellant
doctor opined that her death was due to aluminum phosphide
poisoning. Accused Mukesh @ Mohan was arrested and investigation was
carried out against remaining family members ... regarding her viscera, he
opined that her death was due to aluminum phosphide poisoning and he
gave his report in this regard which is ExPW
result Ex.PW11/A. According to the result aluminum
phosphide was detected in the blood as well as in the viscera
of the deceased ... cause of death in
this case is due to poisoning of aluminum phosphide.
46. During cross-examination by the Ld. Amicus for the
accused
cause of
death in this case is due to poisoning of Aluminum
Phosphide. The testimony of this witness has gone
unchallenged and uncontroverted.
4. Inspector ... round tablets found in sealed
metallic tube were found to contain aluminum phosphide.
Ex.1B and Ex.1C referred in my report were found
appellant. Because of this
incident, Appellant herself administered the poisonous substance
aluminum phosphide in the mouth of her own child, aged about 3 years ... appellant himself murdered her son by giving the poisonous
substance aluminum phosphide. Therefore, the challan was filed under
section 302 of IPC. In Sessions Trial
record that the death of
the deceased is due to Aluminum Phosphide Poisoning and
percentage of Ethyl Alcohol that 0.3% v/v and not because ... Post mortem report the cause
of death is due to Aluminum Phosphide and percentage of Ethyl
Alcohol was 0.3% v/v. This crucial and significant
that
was conducted revealed that the death was due to
consumption of phosphide compound (Rodenticide
poison). Thus, it is the case that she consumed coffee ... cause of death revealed that
the death was due to consumption of phosphide
compound (Rodenticide poison).
31. It is necessary to note that the preliminary
