VidhiSangh

Supreme Court of India · 07/11/2023

HARIPRASAD @ KISHAN SAHU versus STATE OF CHHATTISGARH

[2023] 14 S.C.R. 214 · 2023 INSC 986

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Summary

The Supreme Court acquitted the appellant of murder by poisoning. Although the delay in registering the FIR was acceptably explained by the awaited chemical report, the prosecution failed to establish the necessary links between the alleged herb, the substances detected and the cause of death. The weak oral account, lack of proved motive and possession, absence of a final medical opinion and failure to put the chemical report to the accused under Section 313 cumulatively undermined the conviction.

Issues

  1. Whether the delayed FIR was fatal to the prosecution.
  2. Whether the evidence proved murder by poisoning beyond reasonable doubt.

Provisions considered

Held

Result

Appeal allowed; conviction and sentence set aside and appellant acquitted. As he was on bail, bail bonds cancelled forthwith.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 214.