Judgments In Balbir Singh vs State Of Punjab, (2006) on 9 October, 2009
56. There is yet another glaring aspect as regards the
allegation of use of kerosene oil. Post mortem report Ex.
PW19/A specifically describes that kerosene or even its
residues could not be detectd in Ex.1 the partially burnt
clothes of the deceased, Ex. 3 the match box with burnt
and unburnt sticks as well as Ex. 4 the hair of the deceased.
This finding of post mortem report is not just on the basis
of smell; on account of evaporation, smell of kerosene may
not last long. This finding of post mortem report is based
on the test of gas chromatography. Even the post mortem
report Ex. PW12/A is silent about any smell of kerosene.
MLC Ex.PW16/A does make a mention of finding that
smell of kerosene was positive, but author of the MLC
Ex.PW16/A Dr. Girish Rajpal was never produced in the
box. Since author of MLC was not subjected to cross
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48
examination, no reliance can be placed on this finding
recorded in the MLC. Under such circumstances, as in the
case of MADHUBALA (supra), prosecution version of
kerosene oil use becomes doubtful.