LI Network
Published on: November 09, 2023 at 14:52 IST
The Supreme Court has provided clarification on the key circumstances to be established in cases of murder by poison, citing the landmark 1984 case of Sharad BirdhiChand Sarda v. State of Maharashtra (1984)
In its recent judgment, the Court emphasized the significance of proving a clear motive, the cause of death due to poison, the accused’s possession of poison, and the opportunity to administer poison in such cases.
The Supreme Court made this clarification while exonerating an accused in a two-decade-old case involving alleged liquor poisoning that resulted in the death of a man.
The Court highlighted evidentiary gaps in the prosecution’s case, particularly the absence of a definite medical opinion regarding the cause of death. The delay in receiving the chemical analyzer’s report further created doubt about the cause of death.
The Court also emphasized the importance of the First Information Report (FIR) in criminal cases. While acknowledging that an FIR is not a substantive piece of evidence, it serves as crucial corroboration for oral evidence during the trial.
The Court noted that filing an FIR early helps gather essential information about the incident, identify culprits, and record eyewitness names.
The Supreme Court clarified that, in cases with a delay in filing an FIR, an adverse inference cannot be automatically drawn, and it should not be deemed fatal to the prosecution’s case.
The Court must assess the reasons for the delay, and suspicion arises only if there is an attempt to fabricate a false version.
In this specific case, the delay in filing the FIR was attributed to the Forensic Science Laboratory in Raipur, which took one year to submit the chemical examination report of the deceased’s viscera.
The Court’s reiteration of the four crucial circumstances in poison murder cases provides legal clarity on the requirements for establishing guilt in such cases, emphasizing the need to prove a clear motive, death due to poison, possession of poison by the accused, and the opportunity to administer poison.
SC reiterates following circumstances to be proved in cases of murder by poison
- Clear Motive for the accused to give poison
- Death due to poison
- The accused should have the poison with him
- Opportunity to Administer Poison