show that the incident one would not be a case of suicidal poisoning as suggested by the defence. On the contrary, in our considered view ... poison in question that the accused had that poison in his possession and that he had an opportunity to administer the poison to the deceased
establish a case of poisoning; (i) that death
took place by poisoning; (ii) that the accused had the poison in his
possession; (iii) that ... poison; (b) death
due to poison; (c) accused should have the poison with him; (d)
opportunity to administer poison.
16. The facts of this case
Apex Court in case of Ramgopal v. State of Maharashtra where their Lordships observed that in a case of death by poison, it is only ... poison in question, that the accused had that poison in his possession and that he had an opportunity to administer the poison to the deceased
contended that the
prosecution has miserably failed to prove its case beyond
reasonable doubt, yet the learned Sessions Judge has not
considered the probable defence ... 2006 JUDGMENT
deceased committed subside by consuming poison, case of the
prosecution cannot be believed and considered. Lastly, she
contended that learned trial Judge
case of the prosecution that before committing an offence of murder the appellant had consumed poisonous drug and, therefore, the father of the appellant ... argued that fortunately the accused has survived, after consuming poisonous drug and, therefore, in no case Ex.46 can be said to be a dying
organophosphorus
poison, while FSL report does not support any
poison. In fact, the viscera report of the FSL
does not find any poison. Thus, there ... deceased. So far as
the case of the misuse of cheque is concerned,
the case was filed for dishonour of cheque,
where the goods were
permitted to transgress the time factor is,
for example, a case of prolonged poisoning, while the special
circumstance permitted to transgress the distance factor ... actual
occurrence, though, as for instance, in the case of prolonged
poisoning they may be related to dates at a considerable distance
from the date
that deceased Kachraji died as a result of inhalation of poisonous gas. In the case of Laxmibai Atmaram , (supra), it was observed that
In order ... four requirements enumerated above are satisfied in the instant case. In the instant case, the appellant has shown by cogent evidence that the injury received
cross-examination, the Doctor has
admitted that in the case of poisoning, the samples of
vomiting, urine and latrine are required to be collected,
however
complaint which in
this case, learned advocate Mr. Nirad Buch submitted
that, it becomes fatal, as the allegations are of
poisoning and dowry demand ... believed by the
learned trial Court Judge.
17. The case of poisoning has not been proven on record.
The FSL Report did not show
