must establish in a case of poisoning that the
death took place by poisoning; the accused had the poison in his
possession; and that ... establish in a case of poisoning
(a) that death took place by poisoning; (b) that the
accused had the poison in his possession
establish in a case of
poisoning (a) that death took place by poisoning; (b)
that the accused had the poison in his possession ... establish in a case of poisoning; (a) that death
took place by poisoning; (b) that the accused had
the poison in his possession
where she was declared
dead. Appellant informed that it was a case of poisoning. No viscera
report was produced by the prosecution to rule ... false plea of the
appellant that it was a case of poisoning and had not examined the
victim properly. His opinion cannot overrule the post
patient to another hospital, which is equipped for
taking care of poison cases and therefore in the absence of any
material to substantiate that ... poisoning. For
further treatment Respondent should have advised
to shift the patient to Centre which is equipped for
taking care of poisoning cases. The hospital
definite signs of death
from poisoning, the Chemical Examiner
failed to detect any poison and in that
case the duty of the Judge ... there is evidence of poisoning,
identification of the poison may not be
absolutely necessary.
Reverting to the case in hand, from
the evidence on record
Viscera I do
not find if it is a case of poisoning. So, also, the
chemical examination report of vomiting etc., I do
not fine ... through the
postmortem report and chemical examination
report I find the case of poisoning is ruled out. In
my opinion after perusal of the postmortem
Chandresh Sharma vs State Of H.P on 10 October, 2023
Author: Tarlok Singh Chauhan
Medical
Officer prima facie formed an opinion about probable/possible case
of poisoning, however, the Chemical Analyzers report reveals that
viscera does not reveal ... True, the deceased was admitted to the
hospital as a suspected case of poisoning. Viscera was preserved
however, C.A. report does not reveal
poison was detected
in the body of the victim. This renders the defence version that the
victim committed suicide by consuming poison untrue. Prosecution
case ... partial throttling
and the viscera report clearly rules out a case of poisoning.
47. As discussed earlier, non-examination of the local people
were
that the deceased died in effect of poison. The written complaint is silent on
poison. The case made out in the written complaint is that ... fact that no container of poison was
recovered. Absence of the container of poison further undermines the case of the
prosecution, according
