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
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
demise of deceased due to prolong ailment was converted into false case of
poison with aid of false allegation and if PW5 or other witness ... strong
suspicion on entire case of prosecution as it categorically establishes the fact that
it was a alleged case of poisoning consumed by deceased, however
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
poison in question? (secondly) had the accused the poison in his possession? and (thirdly) had the accused an opportunity to administer the poison in question ... administer poison to the deceased;
(2) that the deceased died of poison said to have
been administered;
(3) that the accused had the poison
case against the
accused has been made out.
The test to determine a prima facie case would naturally
depend upon the facts of each case ... aforesaid case also viscera
examination report was not received. The Apex Court In the
above case held that in a criminal case the cause
rape upon the prosecutrix and threatened to kill her by
administering poison, in case, she disclose this fact to anyone. On
14.05.2015, the prosecutrix escaped ... committed
rape upon her. He threatened to kill her by administering poison, in case;
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treated in
the Hospital. The deceased being the case of poisoning, the medical
officer would have treated her and flushed out the poisonous substances
from ... poison. This fact would indicate that the deceased might
have consumed small quantity of poison. Therefore, in my opinion, non
detection of poison or poisonous
necessary that
in every case of poisoning, the poison must be detected in viscera.
In a given case though poison may not be detected ... deceased had consumed poison and the death
was because of poisoning. Hence, the prosecution theory that it
was a case of suicide is sufficiently proved
