2017 (4) ADR 168 ::(2018) 246 DLT 28 ::(2017) 4 DLT(CRL) 51

Delhi High Court

Hon'ble Judge(s): Gita Mittal, Anu Malhotra , JJ

(A) Indian Penal Code (45 of 1860) S. 302 — Evidence Act (1 of 1872), S. 3 — Murder — Appreciation of evidence — Accused allegedly causing death of his wife by administering her poisonous substance — Investigating Officer collecting samples of bottle of poisonous substance and vomited material for examination — Information of ingestion of poison by deceased given by son of deceased to doctor — Post-mortem report reflecting death due to ingestion of poisonous substance dichlorvas and no external injury found on body — Testimony of three children of deceased recorded separately on date of incident revealing death caused due to ingestion of poisonous substance in fit of rage by deceased without any participation of accused — Testimony of son of deceased on next day of incident revealing consumption of pesticide by deliberate false representation of being water offered to deceased by accused and thereafter accused fleeing away — Testimony of son found to be false and tutored by grandparents as deceased brought to hospital by accused — No evidence to prove duping of deceased to consume poison by accused — Conviction of accused, unsustainable. (Paras 30, 31, 32, 35, 38, 40, 42, 43)