2007 CRI. L. J. 1744 ::2007 (1) Crimes 620 ::(2007) 2 MPLJ 203 ::2007 (1) JabLJ 414 ::(2007) 53 AllIndCas 321 (MPG) ::(2007) 2 MPHT 91

Madhya Pradesh High Court

Hon'ble Judge(s): A. K. Shrivastava, S. A. Naqvi , JJ

Penal Code (45 of 1860) , S.300— Murder - Circumstantial evidence - Death by poisoning - Allegations that accused husband administered poison to deceased resulting into her death - No evidence showing that poison in question was in possession of accused and he had an opportunity to administer the same in question to deceased - Deceased in her dying declaration not stating that accused administered any type of Lassi or mango shake or even the curd to deceased or even asked her to drink the Lassi or to eat the curd - No direct evidence to show that accused administered the poison to deceased - Failure on part of prosecution to prove and to collect all relevant links in order to form a complete chain pointing out guilt towards accused - Conviction of accused, set aside. (Para 14 16 18 19)