witness in this case. In a case of circumstantial
evidence, the motive aspect has to be established by prosecution. In
this case, no material ... each case. If the evidence in a
particular case does not justify the inference that death is the result
of poisoning because of the failure
operation of the Privy Council decision in 'P. B. Poison 's case, ILR (1945) Bom 938 to cases of business in respect ... judicial and not physical. Lord Simonds in 'P. E. Poison 's case', did not, in ruling that "discontinuance" connotes cessation
homicide, and, in my opinion, the accused in the present case, who mixed the poison in the sweetmeat and gave it to be eaten ... under English law is clear from the case of Agnes Gore. In that case Agnes Gore mixed poison in some medicine sent by an Apothecary
homicide, and, in my opinion, the accused in the present case, who mixed the poison in sweetmeat and gave it to be eaten, is equally ... under English Law is clear from the case of Agnes Gore. In that case Agnes Gore mixed poison in some medicine sent by an Apothecary
have imperilled his prospects of doing so by getting up a case of poisoning against them. As I observed in the other case ... this circumstance. But it must be remembered that in that case the question about poisoning arose very incidentally and consequently the omission to refer
urgent call
from the central control room to attend to a case. Since he had
ignored the call, the request for the ambulance service could ... call had come to 108 to
transport a poison case to Kallakuruchi Hospital and this work was
assigned to the second respondent ambulance
also being adopted. That is to say that
in case of insecticidal poisoning, when ingested or administered by
parenteral routes they de-activate the acetyl ... there is evidence of poisoning, identification
of the poison may not be absolutely necessary.”
On the facts of that case, this Court
reached
given the final opinion that it is a case of death due to
poisoning. Moreover, the evidence of PW3 is very cogent
that the accused ... admitting the deceased in the Hospital, it was treated as
a case of poisoning and for that, initial treatment was
given. Therefore, the prosecution
they died of poisoning.
10. Who poisoned them? According to prosecution, their own father had
administered them poison.
11. In this case, there ... symptoms which will be found in
phosphide poisonous cases were found in children and the postmortem findings
also show that they died of phosphide poisoning
there is no direct involvement of the accused in this case. The alleged poison was not in the station at all. According to the petitioner ... deceased came to the hospital and it was referred as a case of poison consumption. Further, the General Diary, interrogation Register etc. of the Yanam
