that her husband had run away
after giving her poison. It is the case of the prosecution that parents of
the respondent ... above discussion would show that a wholly implausible case
that the respondent no.1 administered poisonous tea in the presence
of his daughter, has been
committing the crime. He further submitted that
the trial of the case, shall take a long time.
4. On the other hand, the Counsel ... hospital, Baljit Kaur, was admitted, the doctor found it
was a case of poison. He further submitted that the Court of CJM,
after going through
Prosecution's
18 Yadav (Elder witness in support of its case which he did in his oral
testimony and proved :
brother of
deceased ... containers
consisted of Viscera Samples of the deceased
persons in this case. No Poison was
detected. Her Report is Ex.PW20/A.
Result: Acquitted
cause of death in this case
was due to poisoning and the poison was found to be aluminum
phosphide.
After completion of investigation, Station House ... were furnished to respondent
No.1 (Naresh) and the case was later committed to the Court of
learned Sessions Judge, Gurgaon and the case
guilty under Section 302 IPC, learned counsel argued that the prosecution
case was only under Section 304-B IPC i.e., the deceased being unable ... case of hanging. It
should be noted that the doctor has clearly mentioned that there were no
antemortem injuries nor signs of struggle and poisoning
affected by poisoning and that he was not able
to know the nature of the acts he was doing. The case of the
prosecution ... case will
not fall under Section 302 of IPC. He argued that the appellant
had no pre-meditation. He himself was poisoned. He strongly
argued
food material in the abdomen is
clearly uncommon in cases of Aluminum Phosphide poisoning primarily
on account of vomiting which is bound to occur upon ... poison or administration
of poison even otherwise seems highly improbable.
44 Moreover, even if I assume for a moment that it was case of
homicide
positive evidence to prove its case.
F.S.L./viscera report does not divulge administration of poisonous
substance, surprisingly, first post-mortem report
Station Case No.53 of 2021 dated 20/05/2021 under Sections
498A / 302 / 304B of the Indian Penal Code (G.R. Case ... indicates that the victim told her mother in
hospital that poison was administered to her by her in-laws including
the present petitioner. The said
found that deceased died due
to intake of poison - 'Organophosphorus insecticide
Claropiriphom' and the trial Court has given finding that
it is proved ... died due to consumption of
poison and thereafter hanged herself but it is not found
proved that the poison was given by somebody else
